House swaps -

[Houseswapper]

Is anyone else fuming at how the Scottish government have effectively ended house swapping in Scotlan? We have enjoyed a house swap every couple of years for holidays - through a website, swap with for a week or two, no money exchanged.

However, unless I am misinterpreting the legislation this seems to be no longer possible unless you apply for a licence. Link to the legislation here:
www.gov.scot/publications/short-term-lets/. If you use the tool, and answer the questions based on house swapping, the results say: 'If your guests are not paying to stay in the property then it's not a short-term let. Unless the guests are:
working or providing a service for you, or another person who lives with you, while staying in the accommodation
providing you with goods in place of payment
making a donation as part of the agreement
offering their home in exchange, for example a house swap'.

The licence required is at considerable expense plus other information required include a risk assessment for Legionnaire's disease, public liability insurance, annual portable appliance testing certificate. So in short, the Scottish government have transformed a low impact, arrangement between individuals, where no money changes hands into a bureaucratic, heavy handed, money making device. I am furious - anyone else?

There is another thread about this but I agree the legislation is a sledgehammer to crack a nut. There was something in the news recently that the deadline for existing shortterm let owners to apply for the licence has been extended.

I ahve also had a very quick skim through the policy doc on my LA website and it was vague (IMO) about enforcement

Thanks Reads - sledgehammer is right. Just looking on the house swap website we have used and there are lots of listings for places in Scotland, so clearly lots of people haven't heard about the legislation. My worry would be whether there would be insurance issues if anything went wrong.

Short term lets
thats the other thread.

I have to confess I was wrong in my initial reaction to the legislation - I didn't think it was such a big deal but it is pretty appalling. I get that airbnbs are a real problem in some places but this legislation is very intrusive and really costly to comply with. I also am doubtful about the capacity of LAs to enforce it.

It's ridiculous, including home swaps, people who take in lodgers and B&Bs is just bonkers. Countless consultation feedback about how the whole scheme will negatively affect do many small businesses and individuals, in already tough times, has fallen on deaf ears at SG.

It will also be illegal to have house-sitters, unless you have gone through the whole license process. For most people, this will be impractical and over-the top expensive. So that's another basic thing that everyone else in the world is allowed to do which is now illegal in Scotland.

FFs. More appalling legislation from scotgov. Why do they never listen to anyone that doesn't agree with them? They just breenge on creating terrible unintended consequences.

I'm not sure how unintended the consequences are, though. The guidance documents state that the licensing regime covers house swops etc. It's not just badly drafted legislation accidentally covering things that weren't expected to be covered. It's been made as onerous as possible. What's the reason for that? The guidance says that having a friend to stay for the night probably isn't covered - it's not even prepared to guarantee that that's the case! What if the friend takes you out for a meal - does that then mean you have to have a licence? Arguably, yes.

Jesus! "Probably isn't covered"?!?!

How can anyone continue to vote for these authoritarian absolute fruitloops?!?!

I agree - house swaps are named in the legislation, so it wasn't unforseen. I am mystified as to why the Scottish government deemed house swaps so pernicious they must be legislated out of existence.

And surely the impact on lodgers will be to reduce the supply of accommodation - in a situation where there is already an accommodation crisis. It's almost as if they haven't thought any of this through properly... Or maybe they really are authoritarian fruitloops.

Does anyone have any idea how legislation can be challenged? I suppose it requires money to do so. I feel it must be contrary to human rights law - eg the right to a private and family life.

Maybe house swap people could get together and group fund some legal advice.