Airbnb And Short Lets In Edinburgh: Council's Policy Found Irrational

Material provisions of the short-term licensing policy (the "STL Policy") issued by the City of Edinburgh Council (the "Council") have been found to be unlawful at common law and in breach of the Provision of Services Regulations 2009. The Court's decision can be found in Lord Braid's opinion of 8 June 2023.

Background

The Council adopted the STL Policy on 29 September 2022. The STL Policy imposed a licensing requirement for all existing and new short-term lets ("STLs"). It further severely restricted the ability of existing and new providers of STLs to seek and obtain a licence. The STL Policy was challenged by various STL providers, who raised judicial review proceedings in the Court of Session.