Definition of a short term let

Glossary of definitions

Dwellinghouse - means, for these purposes, an independent dwelling (with its own front door, kitchen and bathroom) being accommodation which ordinarily affords the facilities required for day-to-day private domestic existence such as a house, flat, cottage (See also paragraphs 7, 8 and 9 of Annex A in Planning Circular 10/2009)

Excluded accommodation (Control Area) - means a dwellinghouse which is, or is part of—

residential accommodation where personal care is provided to residents,
a hospital or nursing home,
a residential school, college or training centre,
secure residential accommodation (including a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or accommodation used as military barracks),
a refuge,
student accommodation,
premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005(7) has effect and where the provision of accommodation is an activity listed in the operating plan as defined in section 20(4) of that Act.

Excluded tenancy (Control Area) - means a tenancy which is –

a 1991 Act tenancy
a modern limited duration tenancy
a short limited duration tenancy
a student residential tenancy
a tenancy of a croft
a tenancy of a holding outwith the crofting counties to which any provisions of the Small Landholders (Scotland) Acts 1886 to 1931 applies.

Excluded accommodation (Licensing) - Excluded accommodation means accommodation which is, or is part of—

(a) an aparthotel,

(b) premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005(1) has effect and where the provision of accommodation is an activity listed in the operating plan as defined in section 20(4) of that Act,

(d) a hostel,

(e) residential accommodation where personal care is provided to residents,

(f) a hospital or nursing home,

(g) a residential school, college or training centre,

(h) secure residential accommodation (including a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation, or accommodation used as military barracks),

(i) a refuge,

(j) student accommodation,

(k) accommodation which otherwise requires a licence for use for hire for overnight stays,

(l) accommodation which is provided by the guest,

(m) accommodation which is capable, without modification, of transporting guests to another location,

(n) a bothy, or

(o) accommodation owned by an employer and provided to an employee in terms of a contract of employment or for the better performance of the employee’s duties.

Excluded tenancy (Licensing) - An excluded tenancy means a tenancy which falls within any of the following definitions—

(a) a protected tenancy (within the meaning of section 1 of the Rent (Scotland) Act 1984),

(b) an assured tenancy (within the meaning of section 12 of the 1988 Act),

(d) a tenancy of a croft (within the meaning of section 3 the 1993 Act),

(e) a tenancy of a holding situated outwith the crofting counties (within the meaning of section 61 of the 1993 Act) to which any provisions of the Small Landholders (Scotland) Acts, 1886 to 1931) applies,

(f) a Scottish secure tenancy (within the meaning of section 11 of the 2001 Act),

(g) a short Scottish secure tenancy (within the meaning of section 34 of the 2001 Act),

(h) a 1991 Act tenancy (within the meaning of section 1(4) of the 2003 Act),

(i) a limited duration tenancy (within the meaning of section 93 of the 2003 Act),

(j) a modern limited duration tenancy (within the meaning of section 5A of the 2003 Act),

(k) a short limited duration tenancy (within the meaning of section 4 of the 2003 Act),

(l) a tenancy under a lease under which agricultural land is let for the purpose of its being used only for grazing or mowing during some specified period of the year (as described in section 3 of the 2003 Act),

(m) a private residential tenancy (within the meaning of section 1 of the 2016 Act), or

(n) a student residential tenancy.

Host or Operator - means a person or company providing accommodation for short-term lets.

Immediate family member – includes parents, grandparents, children, grandchildren and siblings on both sides of a relationship of marriage, civil partnership or where the couple live together as if they were married. It also treats children with one parent in common as siblings and stepchildren as children. (See Town and Country Planning (Short Term Let Control Areas)(Scotland) Regulations 2021 for full definition).

Secondary Letting - means the letting of a property where the host or operator does not normally live for example a second home.

Definition of a short term let

Glossary of definitions

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