The report from Living Rent highlights three cases which said housing legislation and tenants’ rights were being undermined by the loophole.
The Scottish tenants’ union identified the case of an Edinburgh landlord who was struck-off from the landlord register but had since taken advantage of the fact holiday let landlords don’t need to be registered to continue letting properties.
Holiday let leases give tenants almost none of the protections they would be guaranteed under Short-Assured Tenancies or Scottish Private Residential Tenancies, the union pointed out but tenants’ rights apply if it can be shown that the property is being used as a home, rather than for short term holiday purposes.
Living Rent say they have been approached by an increasing number of tenants who have been put on these kinds of contracts, and that the Scottish Government and local authorities are turning a blind eye to these abuses.
First Minister Nicola Sturgeon announced a consultation into holiday lets, but Living Rent said the Scottish Government could go a long way towards closing the loophole without new legislation and are urging action prior to the end of the consultation.