A COUNCIL is seeking what is believed to be one of the first court interdicts in Scotland to enforce an existing ban on a short-term “airbnb” let which has continued to advertise for bookings.
Ahmed Boutoubane was hit with enforcement action last year for a four-bedroomed property on Victoria Road in Glasgow’s South Side following neighbour complaints which centred on the frequency of lets, noise and anti-social behaviour and poor management of bookings.
The property is continuing to be advertised as a “Luxurious Morrocan Guests House” on sites including Booking.com and is registered on the Scottish Landlord Register under the name of Jamal Boutoubane.
READ MORE: Unlawful airbnb owners who fail to obtain a licence facing £50,000 fines
It is understood the name the property is advertised under changes intermittently.
There are no current restrictions regarding the use of short term lets in the ongoing pandemic however a council source expressed some surprise over the amount of overseas visitors reported by neighbouring residents.
Council planners are said to be confident they have enough evidence to persuade a sheriff that a court interdict is required to prevent the property being used for holiday lets.
A spokeswoman for trading standards said it is also considering whether the owner has breached any advertising guidelines.
READ MORE: Edinburgh council under fire for 'inaction' for failing to crack down on unlawful airbnb flats
A Glasgow City Council spokesman said: “The council is considering legal action in light of the failure to comply with the enforcement notice.”
Options open to the council if landlords do not obey enforcement include an interdict or referring the case to the Procurator Fiscal.
The Herald spoke to Ahmed Boutoubane yesterday and he refused to answer any questions about the property including the current council enforcement notice and claimed he is not the owner of the property.
Enforcement action can be issued to anyone who has a material interest in a property.
READ MORE: Airbnb blocks holiday bookings during pandemic
Landlords failing to obtain a licence for Airbnb-style short-term lets could face a fine of up to £50,000 under new rules to be rolled out in April.
The Scottish Government will bring forward plans to require all landlords operating properties as shot-term lets to secure a licence from local authorities – but officials have rules out setting a 90-day cap for when properties can operate as such and some may be able to operate without a licence until March 2024.
In Edinburgh, evidence suggests the explosion of short term lets is contributing to a housing crisis – with the fall in available homes for rent coinciding with the surge in Airbnb listings.
Residents and campaigners had pleaded for short term lets to remain closed with the virus still a threat to public health, but Mr Stewart warned there were “no grounds for delaying the reopening of self-catering accommodation with shared facilities”.
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