The ASSC has been alerted to an increasing number of operators being served with enforcement notices to cease trading in their short-term rental properties.

There is an alarming trend emerging that has the potential to negatively impact the livelihoods of many of our members in Edinburgh and Glasgow - as well as the wider tourism economy of the cities.

If a neighbour complains to the local authority about someone running a short-term rental, their property and business may be shut down. City of Edinburgh Council are already fast-tracking the closure of some short-term accommodation as a result of neighbourhood objections. This is being exacerbated by negative press and one-sided social media campaigns.

With over 3,500 professional operators in Edinburgh alone, this has far reaching consequences; not just for short-term renters but for the entire wider tourism sector in the city and across Scotland.

Donations will not be taken unless the target of £112,000 is reached

The Story So Far.....

Phase 1 – Achieved

We have raised funds for this appeal in phases. We completed the first phase for Brodies LLP to look at the case and give a legal opinion on the prospects of the appeal being successful, raising over £2,500 in less than 7 hours.

Phase 2 – Achieved

The next phase was to prepare the legal appeal and to lodge it in court. We raised over £17,000 from 184 contributors in four days.

Phase 3 – The Final Phase

The Scottish Government and City of Edinburgh Council have now lodged answers to the statutory appeal. This means that they are defending it. We are now fundraising for the main stage of the litigation so we can challenge the decision in court. We are fundraising for costs associated with:

• drafting a note of argument for the court setting out our legal arguments in detail
• all work carried out by our legal team (Brodies and a QC) to prepare for the court hearing
• attending the court hearing
• any legal expenses that the court might order be paid to either the Scottish Government or the Council if the appeal is unsuccessful

This will require an additional £112,000. 

Donations will now not be taken unless the total target of £112,000 is reached.

Who does this effect:

The status quo is now untenable. 

Ordinary people who are dedicated to providing a professional and high-standard service to visitors from around the world and supporting Scotland’s thriving tourist economy are now under threat.

Why we need your help & your support:

Reserve Apartments have generously offered to contribute £50 per property that they represent. Craig Douglas said: “We are greatly appreciative of the ASSC for initiating this campaign. It’s now down to us, those with the most to lose, to galvanise into action and to work together to ensure that justice is done. Making a stand today will provide us all with security tomorrow”.

Donating just £50 per property would make a vast difference to this campaign. What is it worth to you?

Our funding to date has shown a massive average donation of £100 per donor. The support has been overwhelming.

We believe that we are all in this together – we are committed to the same shared goal of ensuring the responsible and sustainable growth of the short-term let industry in Edinburgh across Scotland.

Please help to spread the word – we need the support of everyone in the industry or we will be forced to withdraw the appeal. 

Whatever the result of this case, we believe that supporting Nicola will help bring much needed clarity to this vexed issue.

Message from ASSC Chairman, David Smythe

"We at the ASSC have been alerted to an increasing number of operators being served with enforcement notices to cease trading in their short-term rental properties.

"The decision to support Nicola’s case has not been taken lightly and is one that we believe will determine the future of the self-catering in Scotland. The ASSC has taken extensive professional advice and concluded that we should support her appeal.

"It is the ASSC’s position that no change of use planning permission is required for holiday lets - the use remains residential. There is, however, no clarity in terms of City of Edinburgh Council planning policy and that lack of clarity is now being used to regulate the self-catering sector and shut businesses down.

"This is impacting many of our members and is unsustainable.

"There has also been mounting negative media and political pressure to ‘control’ short-term rental. The ASSC does not believe that planning is the way to do this and seeks clarity on the matter.

"The flat in question is rented out professionally via a letting agent and is entirely legitimate. The owner (an ASSC Member) complies with all the regulations associated with professional self-catering, and the property operates within the ASSC Code of Conduct.

"As the trade association supporting self-catering in Scotland, we have a responsibility to protect our sector. This matter is critical to all self-catering operators in city centres throughout Scotland.

"The lack of clarity from City of Edinburgh Council regarding planning for short-term/self-catering accommodation is precisely what the case is focusing on. Currently, there is no clear policy, and this allows the Council to use ‘change of use’ as a reason to shut perfectly legitimate and professional businesses down. Our Chief Executive, Fiona Campbell, is currently working with four such cases, all of whom are ASSC members.

"We simply cannot have Councils shutting down perfectly legitimate operators based on unfounded complaints. We need to come out at the other end of this case with a clear precedent and a subsequent framework in place to give confidence to existing operators that their business will not be shut down by a brown envelope arriving through the letterbox."

David Smythe

Chairman

Association of Scotland's Self-Caterers (ASSC)