Paragraph 19 of the Policy Note published alongside the legislation states that “Commercial consideration is defined in article 2(1) and includes payment of money and benefits in kind. It is explicit that arrangements where one household swaps their home with another household, one form of home letting, would be within the scope of commercial consideration. Note that goods arranged to be exchanged in lieu of money, such as a case of wine, would count as commercial consideration. However, a modest gift provided by a friend as a “thank you for having me” would not. The difference is in whether an agreement in the course of business has been made.”
At article 2(1) of The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, ‘commercial consideration’ includes (a)money, (b)a benefit in kind (such as provision of a service, or reciprocal use of accommodation)
Consultation reports published in 2019 and 2020 contained views about house swapping and the Scottish Government response.
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