Letting in The Element
THE ELEMENT CODE (See Living in the Element) offers guidance for everyone living in The Element based on the aim of TENOA’sConstitution
“…to foster co-operation and a sense of wellbeing in the interests of everyone within The Element, whether Members, Owners, Tenants and families and visitors of the same.”
THE ELEMENT CODE itself points out that each and every owner is bound by the conditions in the Title Deeds of each property (called “burdens” in legal terminology).
This is a vital factor governing the residential use of every flat, whether by the owner himself/herself, family, staying friends, visitors or tenants of any kind whether of long term or short term duration. The Title Deeds offer no qualification regarding the length of tenancy, nor how many people may occupy a flat or their behaviour, providing nothing impinges upon the equal rights of others in The Element to a peaceful way of life. We do not live in an institution with rules, other than those enshrined in the Title Deeds.
IT IS THE OWNER WHO IS LIABLE FOR ENSURING THAT THE TITLE DEEDS ARE NOT INFRINGED. The responsibility for upholding that burden may not be passed to any third party, whether an agent, family member or guest of any kind.
TENOA may not waive any such burden nor may we add others. The Owners’ Association works with TEF to provide an atmosphere where everyone who comes into The Element for whatever period of time is made welcome but recognises the residential nature of the whole property in which each person is amongst the hundreds around at any time entitled by law to enjoy a sense of peace and security wherever they are living.
An owner who allows someone else into or to occupy his/her property at any time whether as a guest or in a letting arrangement must take whatever steps are necessary to abide by the property Title Deeds. THE ELEMENT CODE is offered to help a sense of community. That code points out that some things are mandatory: they not TENOA’s or TEF’s rules but those imposed by Statutory Law or by the Regulations of Edinburgh City Council.
In particular, any owner considering letting short term, often called B&B or holiday letting, must comply with conditions laid down by Edinburgh City Council. These may be found under the guidance offered on the website www.edinburgh.gov.uk following the links regarding letting. The legal burden is upon the OWNER and not on any agent to comply with all such regulations. It is not the place of TENOA to impose or suggest additional rules. That is the sole responsibility of the owner. Many other websites can easily be accessed by anyone considering holiday letting.