Short term lets definition: FOI release

Information requested

You asked for: Under FOISA 2002 can you please provide the following info which I cannot find online:

1. Can you confirm whether the word "mandatory" is used in a legal sense conforming to the legal definition of the word "mandate" and, if not, by which definition is the word "mandatory" used if not in a legal sense.

2. If so, please provide documentary evidence of the aforementioned legal mandate, conforming to the legal definition of that word, by which people with short-term lets must abide.

3. If there is no mandate, legally speaking, then by which legal mechanism are those "mandatory" conditions imposed?

4. While there appears to be a definition for the phrase "short-term let" there seems to be no definition of the word "let" itself, therefore please provide the Scottish Government's definition of the word "let" with respect to this subject.

5. Please confirm whether or not money has to change hands (ie, between host and guest) for temporary accommodation to be considered to be a "let" and specify which other methods of payment would be included for it to be categorised as such.

Response

1/2/3. Definition of the mandatory licence conditions can be found in:

• Paragraph 6 of the Order
• Schedule 3 of the Order `Mandatory Licence Conditions’ and explanatory note
• Legislation policy note, paragraphs 3 and 135-139 `Interpretation’ also refers.

Links to both documents are attached:

• The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (legislation.gov.uk)
• https://www.legislation.gov.uk/ssi/2022/32/pdfs/ssipn_20220032_en.pdf

4. Definition of a short-term let can be found in:

• Legislation document, Section 3 `Definition of Short-term Let and Short Term Let Licence’
• Section 6 `Mandatory Licence Conditions’
• Schedule 2, Part 2, 17. `Interpretation’
• Schedule 3, 18. `Interpretation’. Explanatory note to the Order also refers.
• Sections 16-28 of the Legislation policy note.

5. Please see Section 2 and 3 of the Legislation document and Sections 19-20 of the policy note for further information regarding commercial considerations of the Short-Term Lets licensing scheme.

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