Legal Services

Employment law both contentious and non-contentious including: disciplinary & grievance; terminations; industrial relations; collective consultation; contracts of employment, breach of contract and variation of contract; redundancy; equal pay; discrimination; family friendly policies; the Equality Act; fixed term, part time and working time; PIDA: restructuring and outsourcing; transfers and mergers; TUPE; tribunal procedure and advocacy; frontline HR support and providing opinions, briefing notes, information and training; Corporate law including: setting up companies (including charitable companies) and limited liability partnerships; joint ventures; acquisitions and disposals of assets and shares; restructurings; shareholder agreements; operating agreements; company secretarial services; advice related to charitable/non-charitable activities/trading; general corporate advice including advice on directors duties and other statutory matters; Governance including: advice on good practice; statutory / regulatory authority requirements/expectations; benefits as defined in regulatory guidance; Codes of Conduct for governing body members; Commercial contracts including: contracts for supply of goods and services; events, sponsorship, advertising and funding agreements; housing association legislative compliance and trading powers; joint working and partnership agreements; consumer credit legislation and compliance; Data Protection; FCA registration and compliance; ad hoc contract law queries; Banking including: advising on loan facility agreements with lenders; re-structuring facilities; security arrangements; bond issues and institutional investment; Intellectual Property including: trademark, patent, copyright and design right protection and enforcement; IP commercialisation and licensing; Procurement and Competition Law including: EU procurement and competition regulation compliance; best value requirements; alternative business models and outsourcing; general advice on all aspects of procurement law and best practice; Litigation including: litigation related to all areas of Link business (including contractual actions); debt recovery; inhibitions; interdict; statutory enforcement proceedings; statutory appeals; Judicial Review; Guardianship Orders and Intervention Orders under the Adults with Incapacity (Scotland) Act 2000; advice related to the Protection of Vulnerable Groups (Scotland) Act 2007; pursuing/ defending reparation actions (including personal injury) Consumer Credit including: advising on whether activities carried out or proposing to be carried out by Link requires a consumer credit licence including liaising with the Office of Fair Trading. Regulated Activities including: advice on regulation with the Scottish Housing Regulator, Office of the Scottish Charity Regulator, Care Inspectorate and the Financial Conduct Authority and what constitutes regulated activities including compliance with the regulatory body requirements. Mergers & Acquisitions including: advising on appropriate group structures and how to manage group expansion. Pensions including: admission agreements; calculation of pension loss; general pension law advice; Scottish Housing Association Pension Scheme queries; Court actions; pension fund governance; liability limitation. Data Protection including: compliance with legislation and good practice, managing data protection queries and requests for information Health and Safety including advice relating to the application of health and safety legislation relating to Link’s service delivery activities; legislation relating to Link’s role as an employer and; support and guidance in relation to engagement with the Health and Safety Executive.

Conveyancing including; disposals of properties on a shared ownership and shared equity basis; conventional dispositions of property sold under Right to Buy legislation and as part of any stock rationalisation; acquisitions of single or multiple properties. Preparation of Title and Deed of conditions. Agreements including: Development Agreements; Purchase Agreements; preparation of new shared ownership agreements and on expiry; preparation of assignation or new shared ownership/ shared equity agreements

Anti Social Behaviour Proceedings including: advising on anti social behaviour legislation and its application: attending court as required and supporting officers in presenting evidence, giving statements to Police Scotland;serving of anti social behaviour orders; management and advice relating to tenancy disputes. Provide guidance, assistance as required and prepare any necessary documentation. Repossessions & Evictions including: advising on recovery of possession and eviction proceedings; attending court representing Link Debt Collection including: advising on various courses of action related to pursuing for debts due; representing Link in court for recovery proceedings; serving and advising on closure orders, Notice of Inhibitions, notice of potential liability, Notice to Quits, dispersal orders and homelessness challenges. Provision of legal advice on housing benefit legislation. Scottish and Short Scottish Secure Tenancy Agreements (SST and SSST) including: advising on practices within housing legislation in relation to for example, allocations; allocation appeals; SST and SSST advising and preparing through court and if necessary the conversion of an SST to SSST. Provide guidance, assistance and prepare necessary documentation. Liability for Charges including: advice on liability for common charges and responsibilities for common ground and property; interpretation of Deeds of Conditions. Leases and Management Agreements including: preparation and interpretation of management agreements related to property management, preparation of property leases, maintenance and related property and/or tenant/landlord services provided to or received by Link

Anti Social Behaviour Proceedings including: advising on anti social behaviour legislation and its application: attending court as required and supporting officers in presenting evidence, giving statements to Police Scotland;serving of anti social behaviour orders; management and advice relating to tenancy disputes. Provide guidance, assistance as required and prepare any necessary documentation. Repossessions & Evictions including: advising on recovery of possession and eviction proceedings; attending court representing Link Debt Collection including: advising on various courses of action related to pursuing for debts due; representing Link in court for recovery proceedings; serving and advising on closure orders, Notice of Inhibitions, notice of potential liability, Notice to Quits, dispersal orders and homelessness challenges. Provision of legal advice on housing benefit legislation. Scottish and Short Scottish Secure Tenancy Agreements (SST and SSST) including: advising on practices within housing legislation in relation to for example, allocations; allocation appeals; SST and SSST advising and preparing through court and if necessary the conversion of an SST to SSST. Provide guidance, assistance and prepare necessary documentation. Liability for Charges including: advice on liability for common charges and responsibilities for common ground and property; interpretation of Deeds of Conditions. Leases and Management Agreements including: preparation and interpretation of management agreements related to property management, preparation of property leases, maintenance and related property and/or tenant/landlord services provided to or received by Link

Construction Law including: construction and engineering contracts, including Ddesign & Bbuild contracts: PPC2000 contracts; NEC4 contracts; collateral warranties and professional appointments; Letter of Intents and Letters of Undertaking; building maintenance and facilities management sub-contracts; advice on existing project matters; ad hoc advice on construction law; mediation, adjudication, arbitration and other alternative dispute resolution proceedings; Environmental Law including: regulatory compliance advice; statutory enforcement powers and duties; Planning law including: All aspects of Planning legal work including representation at high profile planning inquiries; legal agreements; advice on planning legislation; enforcement proceedings; key strategic projects; section 69 & 75 agreements and road construction consents. Property Law including: purchase of sites for development; advice on liability for common charges and responsibilities for common ground and property