Stop the Threat Facing Short-Term Rental - Phase 2

by Association of Scotland's Self-Caterers (ASSC)

Stop the Threat Facing Short-Term Rental - Phase 2

by Association of Scotland's Self-Caterers (ASSC)
Association of Scotland's Self-Caterers (ASSC)
Case Owner
Founded in 1978, the ASSC is the leading source of knowledge on short-term rental and holiday homes in Scotland. We are also the only trade body representing the interests of this Sector.
Funded
on 26th June 2018
£19,475
pledged of £130,000 stretch target from 214 pledges
Association of Scotland's Self-Caterers (ASSC)
Case Owner
Founded in 1978, the ASSC is the leading source of knowledge on short-term rental and holiday homes in Scotland. We are also the only trade body representing the interests of this Sector.

Latest: Sept. 4, 2018

New crowdfund launched

Support our new campaign here: https://www.crowdjustice.com/case/shorttermrentalthreat2/

Read more

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.

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

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 closures of short-term accommodation as a result of neighbourhood objections. This is being exacerbated by constant 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.

Why we need your help:

As an organisation, the ASSC has decided that we have to take action.

We have identified a test case to stop this worrying trend. The ASSC has decided to actively support one of our members in challenging a recent planning decision by the DPEA Planning and Environmental Appeals Division, Scotland.

The case: Alleged Unauthorised Material Change Of Use Of The Property From Residential To A Short Stay Commercial Visitor Accommodation (Sui Generis)

We believe that the Reporter's decision, to dismiss the appeal, is unjustified and we are supporting an appeal to take this to court.

It is critical that the Court of Session upholds our appeal in order to create the first precedent case in Scotland and to inform City of Edinburgh Council’s policy on short-term rental in the future.

Picture of Nicola Golden

Who does this affect:

Anyone who rents out their home or property on a full-time or occasional basis will be affected by this judgment.

If the appeal is dismissed by the Court of Session, it could have a hugely detrimental impact on managing agents, property managers, Airbnb and other platform hosts, and individuals.

This decision also has the knock-on potential to cause significant difficulties for many businesses associated with tourism in Edinburgh.

Furthermore, the ramifications of this case for the short-term rental and wider tourism sectors could potentially be felt in other areas of the country if this decision is allowed to go unchallenged.

Detrimental Impacts:

Short-term rental consistently makes a significant contribution to the local and national economies and is a key component in satisfying visitor demand by offering an authentic, ‘live like a local’, experience for tourists.

The ASSC believes that this appeal is central to obtaining clarification about the role this policy plays in achieving Edinburgh’s Tourism Strategy ‘Edinburgh 2020’ headline objective, “To increase the number of visits to the City by one third”.

The ASSC also believes that short-term rental has a significant part to play in achieving this objective. If apartments are being served planning notices to cease trading, this will present a significant barrier to growth.

We want Edinburgh to remain the vibrant tourist destination it has grown to be and believe that, if it is allowed to, the short-term rental sector will continue to be a key part in making this possible.

How you can help:

1. Make a donation NOW to support the legal fees associated with this legal appeal, it is time critical.

Phase 1 – Achieved

So far, we have raised funds for this appeal in phases. We completed the first phase for Brodies LLP to look at the case and gave 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 in 4 days, with 184 contributors.

Phase 3

The Scottish Government and the City of Edinburgh Council have now lodged answers to the statutory appeal. This means that they are defending the appeal. We are now fundraising for the main stage of the litigation so that 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; and
  • 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, on top of funds already raised

2. Continue to support this cause and share/promote this campaign with others, as much as possible.

& finally.....

The ASSC respectfully recommends that City of Edinburgh Council needs to produce a clear and transparent policy regarding traditional short-term rental, with clear guidance on the criteria that apply. The ASSC hopes that this case will inform local councils in being able to achieve this kind of guidance, and hope that it will be seen as a constructive and pro-active approach to an increasing problem.

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Update 19

Association of Scotland's Self-Caterers (ASSC)

Sept. 4, 2018

New crowdfund launched

Update 18

Association of Scotland's Self-Caterers (ASSC)

Aug. 31, 2018

It Could Happen To You!.....

"It can’t happen to me.....
 
That’s what I thought when I heard about the Enforcement notices being issued by Edinburgh Council.  I am a thoughtful owner running a high quality STR; respectful to my neighbours (stair cleaning, repairs, installed carpets to reduce noise from my hardwood floors, pay for a noise monitoring service to ensure my property causes no disturbances).  BUT IT MADE NO DIFFERENCE. Because one neighbour supported the Anti-Airbnb movement, they wanted to shut me down.  And they did.  With a phonecall.  
 
I am the owner of Chancelot Terrace - the property involved in the appeal case supported by the ASSC.  My strong appeal with the DPEA failed - the law on this is limited and we need to change this.

Please support this appeal case and donate to the Crowd Justice campaign
 
It could happen to you...."

Nicola Golden, owner of 14 Chancellor Terrace


Why we need your help & your support:
Contributions from the self-catering industry will enable us to ensure that we can take the case to Court.

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 and elsewhere.

Whatever the result of this case, we believe supporting Nicola will help bring much needed clarity to this vexed issue.Please help us to support the short-term rental sector in Scotland and share the link to the Campaign as much as possible.

https://www.crowdjustice.com/case/shorttermrentalthreat2/

Update 17

Association of Scotland's Self-Caterers (ASSC)

Aug. 29, 2018

Message from ASSC Chairman

"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)


Update 16

Association of Scotland's Self-Caterers (ASSC)

Aug. 22, 2018

Campaign Update

As the campaign receives significant press coverage since its launch on Monday, and with news of another enforcement notice being served by City of Edinburgh Council, Edinburgh Operators are becoming increasingly concerned about the future of their short-term rental businesses:

One operator has commented:

"It's horrifying, and it would seem that so many of us are just waiting, holding our breaths, while we wait for "the letter" or "the call" that closes us down.

"I'd like to ask other owners: how will you feel when you get a brown envelope through your letterbox that states you must cease trading with immediate effect because (despite being a legitimately run business) you don't have written planning permission or a change of use from your local council? Will you simply shrug your shoulders, cancel your future bookings, and sell your property? Or maybe convert it into a long-term rental flat? Are you okay with the Council doing that to the business you've spent so many hours building?

"Many of us don't have that luxury, and many of us do this because we love showing visitors just how wonderful and welcoming Scotland is; we take a pride in our properties, our amazing reviews, and our customer service. The current situation doesn't fit with the council's pledge to increase tourism. Something DOES have to give, but we as owners shouldn't have to live in fear of having our business premises vandalised, our guests made to feel unsafe, or our livelihoods being ripped away from us."

Please continue to support this campaign.

Please remember to share the campaign as widely as possible using the link below: 

https://www.crowdjustice.com/case/shorttermrentalthreat2/

If the target is not reached, the appeal will have to be withdrawn.

Press Coverage Links:

https://www.edinburghnews.scotsman.com/news/woman-to-raise-cash-to-fight-airbnb-ban-1-4788077

https://www.thescottishsun.co.uk/news/3101491/nicola-golden-edinburgh-airbnb-banappeal-party-flat/

Update 15

Association of Scotland's Self-Caterers (ASSC)

Aug. 20, 2018

Phase 3 is now Live!

Please share this link as much as possible to set this campaign alight:

https://www.crowdjustice.com/case/shorttermrentalthreat2/

Following the huge success and support for this campaign so far, we are delighted to be supporting the next phase, to take the case onto court proceedings.

Phase 3 - Launched Today

The Scottish Government and the City of Edinburgh Council have now lodged answers to the statutory appeal. This means that they are defending the appeal. We are now fundraising for the main stage of the litigation so that 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; and
  • 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 £112,000.

If we do not reach this target, we will have to withdraw the appeal.

Who does this affect:

Specifically, this could impact anyone who is renting out a property or properties in residential blocks in Edinburgh.

We are supporting this case to fight for the Self-Catering Industry in Scotland, the ramifications of this case for the short-term rental and wider tourism sectors could potentially be felt in other areas of Scotland if this decision is allowed to go unchallenged.

Why we need your help & your support:
Contributions from the self-catering industry will enable us to ensure that we can take the case to Court.

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 and elsewhere.

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

Please help us to support the short-term rental sector in Scotland and share the link to the Campaign as much as possible.

https://www.crowdjustice.com/case/shorttermrentalthreat2/

Update 14

Association of Scotland's Self-Caterers (ASSC)

Aug. 10, 2018

The Story So Far.....

Phase 1 – Achieved

So far, we have raised funds for this appeal in phases. We completed the first phase for Brodies LLP to look at the case and gave 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 in 4 days, with 184 contributors.

Phase 3 - Preparing to Launch

The Scottish Government and the City of Edinburgh Council have now lodged answers to the statutory appeal. This means that they are defending the appeal. We are now fundraising for the main stage of the litigation so that 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; and
  • 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, on top of funds already raised.

Who does this effect:

The status quo is now untenable. Ordinary people who are dedicated to providing a professional, high-standard service to visitors from throughout the world, supporting Scotland’s thriving tourist economy, are now being threatened.

Why we need your help & your support:

If everyone donated just £1, it would make a huge difference. If everyone donated £10, we’d really be getting there!

Our funding to date has shown a massive average donation of £100 per donor, and 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 and elsewhere.

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


Update 13

Association of Scotland's Self-Caterers (ASSC)

July 5, 2018

Appeal Lodged but Funding is still underway....

We are delighted to confirm that the appeal has now been lodged with the Court of Session. This means that the case will eventually go for a hearing before three judges, where we will have the opportunity to make our arguments to the Court. 

The Court will now set a timetable for the other parties to the appeal to lodge responses, and a date for a hearing.

We continue to raise funds so that the case can progress to a hearing.

We really value your support, please continue to share with industry colleagues and help us reach our stretch target.

Lets do this!

Update 12

Association of Scotland's Self-Caterers (ASSC)

June 28, 2018

Please Keep Donating.....

We are currently in a stretch fund period, please feel free to donate.

More information and updates on the case coming soon....

Thanks for your continued support.

Update 11

Association of Scotland's Self-Caterers (ASSC)

June 27, 2018

Thank You!

Commenting on the successful Association of Scotland’s Self-Caterers (ASSC) CrowdJustice campaign, ASSC Chief Executive Fiona Campbell said:

“All of us at the ASSC are delighted by the response to our campaign.

“We believe that no less than the future of our vitally important sector is at stake here and this remarkable sum of money stands as proof of the strength of support behind us.

“I would like to personally thank everyone who gave to our cause and again state my commitment, and that of the ASSC, to pushing forward with this important cause.

“Traditional short-term rentals generate £723million in economic activity in the Scottish economy and there is a real and present danger that poorly thought out, needless, and obstructive regulations threaten this.

“We want to make sure that what regulations are put in place for our industry are appropriate, sensible, practical and let us do what we do best – work towards making Scotland one of the world’s favourite tourism destinations.

“Your generous donations will go a long way to help us in our fight.”

The final phase of funding will take the case to court. We are waiting for confirmation of costs for this and will update this page in due course.

Update 10

Association of Scotland's Self-Caterers (ASSC)

June 26, 2018

Target Reached!

THANK YOU so much to everyone who has donated, shared and been a part of this campaign, we really appreciate your efforts!  We can now prepare the legal appeal and lodge it in court. 

We are now funding for the next phase which is to take the case through court.

More details to follow.

In the meantime, well done everyone, we are overwhelmed by your support, enthusiasm and generosity.

Update 9

Association of Scotland's Self-Caterers (ASSC)

June 26, 2018

The clock is ticking....

98% funded with just £253 to go....

......who is going to take us over the target?

Update 8

Association of Scotland's Self-Caterers (ASSC)

June 26, 2018

The Deadline is Fast Approaching - Please Donate Now

84% Funded - Just £2613 needed to reach the target to lodge the appeal...

We must instruct Solicitors today or walk away from this appeal

Can you help us reach our target?

Update 7

Association of Scotland's Self-Caterers (ASSC)

June 26, 2018

Deadline Day! 70% Funded with just 7 Hours to go!

CAN YOU HELP US REACH THE TARGET?

We have received some overwhelming donations overnight taking the total into double figures!

THANK YOU!
 

We need a big final push before the deadline of 3pm TODAY!
 

To put this into context, if every member of ASSC put in £25, we’d be there. If every person on the rates revaluation roll paid £1, we’d be there. If every Airbnb host in Edinburgh put in £1.75, we’d be there.
 

Please continue to share and support us.  Thank You - Lets do this!

Update 6

Association of Scotland's Self-Caterers (ASSC)

June 25, 2018

It could happen to you!......Please donate now - Just 16 hours remaining.

"It can’t happen to me.....
 
That’s what I thought when I heard about the Enforcement notices being issued by Edinburgh Council.  I am a thoughtful owner running a high quality STR; respectful to my neighbours (stair cleaning, repairs, installed carpets to reduce noise from my hardwood floors, pay for a noise monitoring service to ensure my property causes no disturbances).  BUT IT MADE NO DIFFERENCE. Because one neighbour supported the Anti-Airbnb movement, they wanted to shut me down.  And they did.  With a phonecall.  
 
I am the owner of Chancelot Terrace - the property involved in the appeal case supported by the ASSC.  My strong appeal with the DPEA failed - the law on this is limited and we need to change this.

Please support this appeal case and donate to the Crowd Justice campaign today, we need to file this with the Court of Session by Friday to help protect us all.  
 
It could happen to you...."

Nicola Golden, owner of 14 Chancellor Terrace


Update 5

Association of Scotland's Self-Caterers (ASSC)

June 25, 2018

50% ACHIEVED WITH JUST 24 HOURS TO GO!

Thanks to everyone who has donated so far, 50% of our target has been raised.

Please don't stop sharing with your industry contacts and owners of short-term rental property.

The countdown has begun....the deadline is 3pm tomorrow!

Lets do this!


Update 4

Association of Scotland's Self-Caterers (ASSC)

June 25, 2018

Can we get to 50% by noon today?

The Campaign is hotting up - can you help us get to 50% in the next hour?

Please continue to share within the short-term rental community.

Thank you so much for your support.

Update 3

Association of Scotland's Self-Caterers (ASSC)

June 25, 2018

Still a long way to go.....

We now need everyone to get behind this campaign to reach the target - there is just 1 day 6 hours remaining!

Who does this affect:

Anyone who rents out their home or property out on a full-time or occasional basis will be affected by this judgment.

If the appeal is dismissed by the Court of Session, it could have a hugely detrimental impact on managing agents, property managers, Airbnb and other platform hosts, and individuals. 

This decision also has the knock-on potential to cause significant difficulties for many businesses associated with tourism in Edinburgh.

Furthermore, the ramifications of this case for the short-term rental and wider tourism sectors could potentially be felt in other areas of the country if this decision is allowed to go unchallenged.

Please continue to share within the short-term rental community. 

Thank You.

Update 2

Association of Scotland's Self-Caterers (ASSC)

June 24, 2018

24 Hours......onwards & upwards!

THANK YOU for your overwhelming support so far!

Since Launching,  a massive £4,550 has been raised in the 'First 24 Hours', by just 38 donations! Thats 27% of our target reached!

There is still a long way to go, please continue to support us! 

We now need everyone to get behind this campaign to reach the target - there is just 2 days 6 hours remaining!

Lets do this!

Update 1

Association of Scotland's Self-Caterers (ASSC)

June 23, 2018

Thanks for your support so far - 10% Funded in just 10 hours

We have reached £1,665 (10% funded in 10 hours), with just 26 backers. 

Thank you so much!

We need to raise £16,500 by 3pm on Tuesday 26th June in order to meet the deadline to lodge the appeal. This is hugely time critical.

If we don't raise the funds by 3pm on 26th June, we will have to withdraw the appeal.

Please be sure to share within the short-term rental community. 

"We can do this!”

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