Edinburgh Airbnb must stop operating after losing government appeal

The property in Milton Street was being rented out on Airbnb and Booking.com.

Thursday, 5th December 2019, 11:45 am
The property at Milton Street (Photo: Google)

An Edinburgh Airbnb will be forced to stop operating after its owner lost a government appeal.

Mr Ahmed Saleh, who owns 1F1, 33 Milton Street, had appealed an enforcement notice from Edinburgh City Council which had told him to stop renting the two-bedroom flat out as a short-term let.

However, the government reporter ruled the reduction of safety and increase of noise meant there had been an unauthorised change of use of the first floor Victorian tenement flat.

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The property was advertised on Airbnb and Booking.com (Photo: Shutterstock)

Reporter Nick Smith wrote in his decision notice that the fact the property was floored entirely in laminate or tile would also increase the likelihood of noise disruption.

He wrote: "On my site inspection I saw that the communal stair case, landings, floors and walls were made of stone or equivalent hard surface, which had a tendency to echo. This would have the potential to accentuate and transfer noise made by guests and their chattels to all properties served by the communal stair.

"Whilst permanent residents may also receive guests they would still remain in control of physical security. The use of the appeal property by guests using the key deposit represents a reduction in physical security at the property.

"The potential frequency of changing guests would introduce various new, non-permanent residents into the secure communal areas of the property with regularity.

"This would change the level of actual and perceived security for permanent residents in a manner that would not otherwise be the case under typical residential circumstances."

In his statement of appeal Mr Saleh said: "The property has two bedrooms, a living room, kitchen and two bathrooms. It can comfortably accommodate four people.

"Due to the mentioned detrimental access to residential amenity, we will take this into consideration, and increase the nights to three nights stay.

"As the apartment is used for its intended purpose, we will continue to only use it for staying/living purpose."

Mr Saleh will now have to take the council to the Court of Session in order to overturn the enforcement appeal.