When you need a short-term let licence

You need a short-term let licence if you let out certain types of accommodation to guests who stay on a temporary basis.

There are exclusions that mean you do not need a licence. These depend on:

• the guests
• whether there’s a tenancy
• the accommodation type

If none of the exclusions apply, then you probably need a licence.

Guest exclusions

You do not need a licence if the guest:

• is a member of your immediate family
• is an owner or part-owner of the accommodation
• stays in the accommodation so they can work or provide services for you or your partner
• shares the accommodation as part of an educational arrangement

Tenancy exclusions

You do not need a licence if the person staying there has a tenancy. This is a legal agreement between a tenant and landlord.

This includes:

• private tenancies, such as a private residential tenancy
• social housing tenancies, such as a Scottish secure tenancy
• tenancies of purpose-built student accommodation and student halls
• agricultural tenancies, such as a crofting tenancy or modern limited duration tenancy
• residential mobile home tenancies

You may need a different or additional type of licence if you are:

• providing a private tenancy – including a House in Multiple Occupation (HMO) licence
• operating a residential mobile home site

Accommodation types that are excluded

You do not need a licence for:

• hotels that have planning permission for use as a hotel
• accommodation provided by the guest, such as their own tent
• accommodation that can be moved at the time of the let, such as a canal boat or yacht
• hostels and refuges, such as a domestic abuse refuge
• secure residential accommodation, such as a prison or young offenders institute
• health and care accommodation, such as a hospital, nursing home or care home
• shift accommodation, such as a flat provided to an employee so they can do their work
• educational accommodation, including residential schools, colleges, training centres and purpose-built student accommodation

Accommodation already licenced for overnight stays

You do not need a licence if the accommodation is already licenced for overnight stays.

This includes:

• a caravan that you provide on a licensed holiday site
• accommodation that has a licence for serving alcohol

Accommodation with an alcohol licence is excluded when providing accommodation is an activity listed in the licence operating plan. This can include self-catering accommodation within the grounds of a licenced premises.

This does not include HMO licences for Houses of Multiple Occupation. These are not automatically excluded from the scheme.

Aparthotels

You do not need a licence for an aparthotel. This is a building that:

• has at least 5 serviced apartments
• has a shared entrance for the apartments
• is entirely owned by the same person
• is managed and operated as a single business

Serviced apartments are a flat or unit where:

• services are provided to guests, such as housekeeping, reception or laundry
• washing, cooking and dining are provided within the flat or unit
• there’s a management system to prevent antisocial behaviour and limit the occupancy to the maximum allowed in the flat or unit

Hostels

You do not need a licence for a hostel, if it provides residential accommodation and food, or shared facilities to prepare it, other than in a house.

For example, accommodation provided in emergencies, such as homelessness or domestic abuse homeless hostel.

Bothys

You do not need a licence for a bothy.

This is a building of no more than 2 storeys that:

• has no mains electricity, piped fuel supply or piped mains water supply
• is at least 100 metres from the nearest public road and from the nearest habitable building

Check if you need a short-term let licence

If you’re not sure whether you need a licence, use the short-term lets licence checker.