An Airbnb host has been ordered to stop letting a Townhead flat after alleged “anti-social behaviour” sparked complaints from neighbours.
Council enforcement officers launched an investigation into the property at St Mungo Avenue following reports that “strangers” were entering a “communal close at all hours” making “residents feel unsafe”.
They were also told there were parking and noise issues, with the “coming and going” of “large groups”.
The investigation found there was no planning permission for use of the flat as short stay accommodation and issued an enforcement notice to stop letting the property.
The landlord, Nichola Bruce, appealed to the Scottish Government but the order was upheld by a reporter. She argued the flat is her “main home” and has only been rented on a “limited number of occasions” to support herself “during this cost of living crisis”.
However, the reporter, Fortune Gumbo, wasn’t convinced the flat was the landlord’s main residence and decided planning permission was needed.
Council officials launched the investigation after complaints from residents were submitted to local councillors. They said as the property “shares a means of access with other mainstream residential flats”, planning permission “would not be granted for this change of use”.
In a submission to the reporter, officials added the property was described on Airbnb as “a rare find because the flat is usually fully booked”, despite the appellant claiming it was used on “a limited number of occasions”.
Bruce’s response stated: “I would like to confirm this is my main home and as such I don’t believe change of use is even required for this reason.”
She added there was “no negative impact on residential amenity”. “I am a good neighbour who ensures the property and surrounding areas are properly maintained.
“This is not a party flat, any guests I invite into my home are properly vetted for suitability.”
The landlord said stopping the Airbnb use would not “solve the housing crisis”. “Forcing me to stop does not solve this problem as this is my main home and it will not become available,” she added. “All you will do is put me into financial hardship.”
The reporter dismissed the appeal as the “use of the property for short-term accommodation constitutes a material change which requires planning permission, and no such permission has been sought or granted”.
Bruce’s listing on Airbnb described an “entire three-bedroom flat, accommodating four guests in three beds”, the reporter stated, adding the landlord had not “provided a compelling narrative or evidence regarding the pattern and frequency of use of the property as her main residence compared to the use for short-term accommodation purposes”.
“In the absence of any specific supporting information, I am not convinced that the property is the appellant’s main home. “My scepticism draws from the Airbnb listing which describes the entire property being available to guests, and that it is usually fully booked.”
The ruling added the “effect of a high level of turnover and the access through communal areas of the building is causing disturbance to the established residents”.
