Council’s AirBnB Law Unlawful

[S.X. MacHine]

On Friday, Edinburgh Council’s law requiring all Short Term Lets (SLTs) to apply for planning permission, was ruled unlawful by the Court of Session.
The judge ruled that the law was ‘unfair and illogical’ as it obliged SLT owners operating before 5/09/22 (when the law came into force) to apply retrospectively for planning permission, a move intended to vastly reduce the availability of such properties.
This, in my view, is an important victory in ensuring a continued supply of flats for use by WGs visiting Edinburgh to work, without which there would be a reduced availability of Service Providers. At best, the inevitable increase in rents would have been passed on to punters and, at worst, WGs could only work from hotels or Saunas.
Rejoice and be glad.

[VolapUK]

This, in my view, is an important victory in ensuring a continued supply of flats for use by WGs visiting Edinburgh to work, without which there would be a reduced availability of Service Providers. At best, the inevitable increase in rents would have been passed on to punters and, at worst, WGs could only work from hotels or Saunas.

Meh, those against STLs (i.e. those who need a place to live) only have to tell the judge that they're used for prostitution and bang! STLs are made illegal.
(And I'll say no more just in case this gets political.)

[Massagetugga]

On Friday, Edinburgh Council’s law requiring all Short Term Lets (SLTs) to apply for planning permission, was ruled unlawful by the Court of Session.
The judge ruled that the law was ‘unfair and illogical’ as it obliged SLT owners operating before 5/09/22 (when the law came into force) to apply retrospectively for planning permission, a move intended to vastly reduce the availability of such properties.
This, in my view, is an important victory in ensuring a continued supply of flats for use by WGs visiting Edinburgh to work, without which there would be a reduced availability of Service Providers. At best, the inevitable increase in rents would have been passed on to punters and, at worst, WGs could only work from hotels or Saunas.
Rejoice and be glad.

What does this mean practically speaking? Does it mean the new licensing is thrown out and air bnb landlords are back in business?

[willie loman]

On Friday, Edinburgh Council’s law requiring all Short Term Lets (SLTs) to apply for planning permission, was ruled unlawful by the Court of Session.
The judge ruled that the law was ‘unfair and illogical’ as it obliged SLT owners operating before 5/09/22 (when the law came into force) to apply retrospectively for planning permission, a move intended to vastly reduce the availability of such properties.
This, in my view, is an important victory in ensuring a continued supply of flats for use by WGs visiting Edinburgh to work, without which there would be a reduced availability of Service Providers. At best, the inevitable increase in rents would have been passed on to punters and, at worst, WGs could only work from hotels or Saunas.
Rejoice and be glad.

havent found anything about this on the web., there was a court case 3 months ago

[willie loman]

Meh, those against STLs (i.e. those who need a place to live) only have to tell the judge that they're used for prostitution and bang! STLs are made illegal.
(And I'll say no more just in case this gets political.)

thats not how it works, do you  think the council is unaware of malicious allegations? they get a sack load of them every week, as edinburghers participate in their favourite activity, fucking up their neighbours lives.

[Massagetugga]

havent found anything about this on the web., there was a court case 3 months ago

I heard it mentioned on the BBC Scottish news. Friday I think.

[seeker]

I think the problem is Edinburgh Council see it as a "change of use"from residential to Buissness
So they are saying all air bnb's need  to apply for planning permission retrospectivly ,even ones that were operating before the said date a licence was required.
There's two things here
1 a licence to operate
2 planning permission.
It's a money making scam , they will give out licences but refuse planning permission,  all councils do it
To various Buissness all over the UK.
I'm not sure if air bnb owners need also to be" registered " as landlords yet , because they are letting out property, be it for a shorter period
If not that will be the next cash bonanza and refusals time for them .

[S.X. MacHine]

havent found anything about this on the web., there was a court case 3 months ago

The judgement was by Lord Braid at the Court of Session, last Friday

[S.X. MacHine]

I think the problem is Edinburgh Council see it as a "change of use"from residential to Buissness
So they are saying all air bnb's need  to apply for planning permission retrospectivly ,even ones that were operating before the said date a licence was required.
There's two things here
1 a licence to operate
2 planning permission.
It's a money making scam , they will give out licences but refuse planning permission,  all councils do it
To various Buissness all over the UK.


I'm not sure if air bnb owners need also to be" registered " as landlords yet , because they are letting out property, be it for a shorter period
If not that will be the next cash bonanza and refusals time for them .

I think you summarise it well.
The purpose of the new Council and Scottish Government rules is to reduce the number of STLs by bureaucratic means.
The law forcing SLT owners to register with the Council are now in force, with the officials working through a backlog of applications .
The Council rule requiring all AirBnBs to have retrospective planning were thrown out by the High Court last week.
As well as WGs finding it harder, or dearer, to get short term lets, performers at future Fringe festivals will struggle.

[Name Not Found]

I'm not sure if air bnb owners need also to be" registered " as landlords yet , because they are letting out property, be it for a shorter period

They don't. Because they do not meet the legal definition of 'landlord'. They are short-term-let operators.  Landlords already have to comply with a raft of regulations.

[VolapUK]

thats not how it works, do you  think the council is unaware of malicious allegations? they get a sack load of them every week, as edinburghers participate in their favourite activity, fucking up their neighbours lives.

Duly noted  But the problem persists...

[willie loman]

The judgement was by Lord Braid at the Court of Session, last Friday

thanks, that means if an airbnb has appropriate certificates for gas, electricity checks, etc the council will give a license?

[S.X. MacHine]

thanks, that means if an airbnb has appropriate certificates for gas, electricity checks, etc the council will give a license?

I assume that if the certificates are in order, and that there are no objections from neighbours, the permission will be granted subject to the payment of a fairly substantial fee.
The purpose of the Council’s action is to set a higher bar for Air BnB operators in order to reduce their numbers and, in theory, release flats for full time rental.

[seeker]

They don't. Because they do not meet the legal definition of 'landlord'. They are short-term-let operators.  Landlords already have to comply with a raft of regulations.

I think the air bnb operaters still have to be/ will need to be  registered and pass the "fit and proper " person
Criteria .
There's a huge shortage of PRP in Scotland as the Snp and Greens have been gradually making it less appealing to be a normal landlord in the PRS ,so a lot of them jumped on to air bnb, usual results of government/ Council fucking things up .... with unintended consequences.

[Name Not Found]

I think the air bnb operaters still have to be/ will need to be  registered and pass the "fit and proper " person
Criteria .
There's a huge shortage of PRP in Scotland as the Snp and Greens have been gradually making it less appealing to be a normal landlord in the PRS ,so a lot of them jumped on to air bnb, usual results of government/ Council fucking things up .... with unintended consequences.

Indeed, and now they're trying to force people out of the Airbnb market in the hope that will somehow fix the problems they have caused by mismanaging housing for 50 years.