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Short-Term Let Regulations: Update – Tuesday, 18th July 2023

Short-Term Let Regulations: Update

As the clock ticks down to 1 October 2023, the tourism industry still has major concerns about short-term let regulations, and have repeatedly called for changes, both before and following the recent legal opinion from Lord Braid. The Association of Scotland’s Self-Caterers, The Scottish Tourism Alliance (STA) and others believe that the licensing scheme, in its current form, remains unfit for purpose and will not meet its policy objectives, and will devastate a key part of the tourism industry for no material benefit.

Over 1,500 people have already registered to join us at webinars this week.

Join Fiona Campbell, ASSC’s Chief Executive and Joanna Millar, Legal Director at Gilson Gray for an update on Short-Term Let Regulations, the outcome of the Judicial Review, red flags and next steps. 

Following the opinion of Lord Braid in the Petition of Averbuch and others for judicial review of the City of Edinburgh Council in respect of the short-term let licensing policy under Civic Government (Scotland) Act 1982 (Licensing of Short Term Lets) Order 2022 (SSI 2022/32) (“the 2022 Order”) and related legislation, Lord Braid found the City of Edinburgh Council’s policy to be unlawful in a number of material respects.

The decision in the judicial review has identified material deficiencies in the current short-term let licensing regime, which are common to the policies of many other local authorities across Scotland – not just the City of Edinburgh Council. With expert legal advice, we have identified that many local authorities in Scotland are operating live short-term let policies which have similar deficiencies and are therefore likely to be unlawful.

Joanna Millar is a Legal Director with Gilson Gray LLP. Joanna is qualified over 25 years and during that time has specialised in Licensing and Corporate law.  

Prior to joining Gilson Gray in November 2019, Joanna ran her own firm. Her team moved as a whole to Gilson Gray but this background allows her to understand first-hand the challenges which face owner operated and small/medium sized businesses.  She has been involved in licensing at ground level throughout her career and has now been involved through the ASSC and her membership of the Law Society of Scotland in discussions about the proposed licensing regime for short lets affecting all self-catering accommodation providers.  

Joanna is well placed to advise clients on all aspects of their business from the licensing process, business structure, supplier contracts and terms and conditions. Gilson Gray as a firm provides support through all aspects of life and business from buying a first home or flat, upsizing and downsizing property, second homes, business premises, pre and post nup agreements, will, powers of attorney and executory matters. They can also offer assistance from Gilson Gray Financial Management who take away the confusion often surrounding areas such as pensions, life insurance, mortgages and all aspects of investments and protections such as medical cover and similar.  

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