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Short-term lets

Anyone who operated a short-term let before 1 October 2022 AND has had an application accepted before 1 October 2023, can still accept bookings and guests until an application is determined.

Owners who started operations after 1 October 2022 cannot begin trading until they receive their licence.

If as an existing host, you have failed to apply for a licence before 1 October 2023, you will be unable to accept bookings and guests from 1 October 2023 onwards, until a licence has been granted

Overview

The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 was passed in January 2022 and came into force on 1 March 2022.

The effect of that Order was that from 1 October 2022, the use of accommodation for a short-term let was an activity for which a licence is required under the terms of the 1982 Act. 

In light of the decision of the Scottish Parliament on 1 March 2023, the deadline by which existing hosts and operators must apply for a licence has been extended from 1 April 2023 to 1 October 2023. 

The aims of the licensing scheme are to:

  • ensure all short-term lets are safe;
  • facilitate licensing authorities in knowing and understanding what is happening in their area; and
  • assist with handling complaints and address issues faced by neighbours effectively.

Contents

Conditions, policy and definition

Angus Council mandatory licence conditions and policy

Definition

The definition of a short-term let is set out in the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 .

It states that a short-term let means the use of residential accommodation provided by a host in the course of business to a guest where:-

(a) the guest does not use the accommodation as their only or principal home;

(b) the short-term let is entered into for commercial consideration;

(c) the guest is not—

(i) an immediate family member of the host;

(ii) sharing the accommodation with the host for the principal purpose of advancing the guest's education as part of an arrangement made or approved by a school, college, or further or higher educational institution; or

(iii) an owner or part-owner of the accommodation;

(d) the accommodation is not provided for the principal purpose of facilitating the provision of work or services by the guest to the host or to another member of the host's household;

(e) the accommodation is not excluded accommodation 

(f) the short-term let does not constitute an excluded tenancy 

Mandatory conditions

The mandatory conditions set out by Scottish Government include:

  • day-to-day management of the short-term let
  • maximum occupancy 
  • only operating under the type of licence granted 
  • information to be displayed within the premises 
  • fire safety 
  • planning permission 
  • gas safety 
  • electrical safety 
  • listings or advert to include licence number, also EPC rating (if required). 
  • water safety: private water supplies/legionella 
  • safety and repair standards 
  • insurance 
  • payment of fees 
  • providing true and accurate information

Next: Excluded accommodation and tenancies