Wed 13 Dec, 2017

Andy Wightman MSP

Lothian
Local Government, Communities, Housing & Land Reform

Website

Short term lets are quickly gaining the attention of academics who are curious about the worldwide impacts of this form of letting. Some researchers, for example, have considered aspects of delivering new innovations to tourist accommodation, while others have examined the role of planning and policymaking.

Until now there has been a lack of research on short term lets relating to Scots law .

Thankfully, Malcolm Combe of the School of Law at the University of Aberdeen, has recently published an article in Juridical Review, the law journal of the Scottish Universities, in which he frames a study of short term lets from a legal perspective in relation to title conditions.

A summary of this paper can be found on his blog.

Whilst acknowledging the relative successes, which short term lets bring to communities, Combe’s paper also notes that this presents a number of emerging challenges associated with growing demand. Although new legislation may be the ultimate regulatory response to short term lets, Combe’s research observes that it is worth paying heed to existing laws, such as controls placed on title deeds and burdens to manage this form of letting.

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Legal challenge to short-term lets regulation

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This week the Association of Scotland’s Self-Caterers (ASSC) launched Phase 3 of a crowdfunding campaign to fund litigation against the City of Edinburgh Council and Scottish Ministers in the Court of Session. The case follows an enforcement notice served by the council on the owner of 3F1, 14 Chancelot Terrace for an unapproved change of use from a flat to a short-term let. The owner appealed to Scottish Ministers who upheld the Council’s decision and the decisions of both the Council and Scottish Ministers are now being challenged in the courts.

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