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anyadvicehelp
Posts: 1 Newbie
Hi - be grateful for any help please...
Just this week the landlord sent an email indicating they will serving notice of termination and will take legal action if we do not comply. In the email they say the basis for the notice is a breach of the AST terms:
It would seem that my partner has been occasionally using AIRBNB when I am and him are not there.
He says this is occasional and has helped him contribute to the large rent bill & costs in my work absence
The lease is in my name only.
I am devastated by this Notice of Termination and don't know what to do?
The Westminster Council and MP promotes the sharing economy and AIRBNB within reason.
I don't know how I can fight this and what to do??
- Have been renting a place in Westminster, London for about 9 years (a lot of money)
- The rent has always been paid on time and the flat has been kept in great condition
- Its rented off big landlord company that own a lot of local property in Westminster
- I have been travelling and staying away due to the difficulties of finding work over last 6months
- My partner has been helping with the rent & bills and stays when he is in London
- I signed a new fixed term AST for a year from Aug 2017- Aug 2018 with the landlord company
- There have been issues recently with the lift in the building over the last 3months, but that is fixed
Just this week the landlord sent an email indicating they will serving notice of termination and will take legal action if we do not comply. In the email they say the basis for the notice is a breach of the AST terms:
- Running a business in the premises
- Not occupying the residence as a principle home
- Subletting
- Assigning the tenancy of the premises
It would seem that my partner has been occasionally using AIRBNB when I am and him are not there.
He says this is occasional and has helped him contribute to the large rent bill & costs in my work absence
The lease is in my name only.
I am devastated by this Notice of Termination and don't know what to do?
The Westminster Council and MP promotes the sharing economy and AIRBNB within reason.
I don't know how I can fight this and what to do??
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Comments
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Dont fight it .Stop the B&B. If you dont they can and probably will give you notice.anyadvicehelp wrote: »Hi - be grateful for any help please...- Have been renting a place in Westminster, London for about 9 years (a lot of money)
- The rent has always been paid on time and the flat has been kept in great condition
- Its rented off big landlord company that own a lot of local property in Westminster
- I have been travelling and staying away due to the difficulties of finding work over last 6months
- My partner has been helping with the rent & bills and stays when he is in London
- I signed a new fixed term AST for a year from Aug 2017- Aug 2018 with the landlord company
- There have been issues recently with the lift in the building over the last 3months, but that is fixed
Just this week the landlord sent an email indicating they will serving notice of termination and will take legal action if we do not comply. In the email they say the basis for the notice is a breach of the AST terms:
- Running a business in the premises
- Not occupying the residence as a principle home
- Subletting
- Assigning the tenancy of the premises
It would seem that my partner has been occasionally using AIRBNB when I am and him are not there.
He says this is occasional and has helped him contribute to the large rent bill & costs in my work absence
The lease is in my name only.
I am devastated by this Notice of Termination and don't know what to do?
The Westminster Council and MP promotes the sharing economy and AIRBNB within reason.
I don't know how I can fight this and what to do??"Do not regret growing older, it's a privilege denied to many"0 -
Suggest you look at this from your landlord's point of view. To assist this thread shows the problems air B&B causes for the landlord:
My AST Tenants have turned my House into an Airbnb
http://forums.moneysavingexpert.com/showthread.php?t=5797752
Not least you may be voiding his insurance.
Refer to your tenancy agreement for details of how much or little you can leave the property unoccupied by yourself. If you can't meet that then I'd suggest you try negotiating with your landlord to surrender the tenancy. Surely that's to everyones benefit as you cannot find work locally it will save you having to keep paying rent on a property you are not living in.0 -
And he didn't feel the need to tell you? What kind of relationship is that? No kidding your LL is giving you notice. He is getting of you and frankly, I would get rid of the boyfriend is this is how he deceives you.He says this is occasional and has helped him contribute to the large rent bill & costs in my work absence0 -
There are many reasons this isn't ideal.
By you being absent the LL could see it as you sub-letting to your boyfriend.
By him letting the flat on AirBNB he is putting the property at risk, possibly breaking the lease terms of the flat (the LL runs the risk of being forced to sell it under the lease terms) and possibly breaking local laws against "pop up hotels". Westminster, in particular, are looking out for AirBNB addresses and clamping down - they could have written to the LL and "threatened" him.
Letting through AirBNB can break the Government's 90 night limit. The Council have even launched an app so neighbours can report AirBNB addresses to be investigated by Westminster's special Task Force.Where evidence is obtained that a property has exceeded the 90 night limit without planning permission, the council will issue an enforcement notice requiring the recipients to observe the limit going forward.
It constitutes a criminal offence to breach the requirements of an enforcement notice and conviction in the Magistrates' or Crown Court can lead to an unlimited fine and an enforcement notice once served, constitutes a charge on the Local Land Charges Register and can make the future sale or financing of the property more difficult.
Source: https://www.lettingagenttoday.co.uk/breaking-news/2017/12/london-council-deploys-team-to-catch-illegal-airbnb-style-short-lets
Unless you have a special relationship with your landlord, I think you have to accept the fact that you've lost that flat now and will have to move out.0 -
I am sure that there will be people on here soon telling you how to fight tooth and nail to frustrate the landlord, but the end result of that is that you will be out.
I suggest instead that you apologise, profusely, for abusing the tenancy like this, promise never to do it again, and ask if you can continue to live there.
I am on the board of my building, and air bnb is an absolute nightmare for us and other tenants. Security, noise and damage are all issues.
When people stop, we stop action to have them forfeit their lease.0 -
What do you want to do? Do you want to continue living in the property or do you want to surrender the tenancy since you have been struggling to find work? Where has the AirBnB money been going?
You have a fixed term tenancy until some time in August. The landlord can't issue you with a Section 21 yet and if he issues a Section 8 any grounds he uses will be discretionary, who knows which way it would go in court?0 -
Agree to comply.
Point out that you have a partner who sometimes stays over and that you also work away sometimes. Confirm that the property is your main residence.
Tell your boyfriend to stop the airbnb.I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
anyadvicehelp wrote: »
Just this week the landlord sent an email indicating they will serving notice of termination and will take legal action if we do not comply.
I don't know how I can fight this and what to do??
Simple agree to comply. No reason to do anything else.
If the property is unaffordable give notice and move.0 -
It isn't clear from your post whether the landlord is definitely serving notice. My reading of it is that the landlord is going to serve notice regardless AND will take legal action if you continue to sublet during that notice period/eviction period. So a clarification would be helpful.
If the notice has been served then there is little you can do but accept it and find somewhere else to live. If you haven't received official notice your best bet would be to make an appointment in person with the landlord/agency representative and really grovel. Sooner rather than later as they may already have a new tenant lined up. You can try and show that you have been a great tenant but in reality you haven't been so be prepared to look for a new place to live.
Make your boyfriend pay for any associated costs (just imagine what those random strangers have been rummaging around in when you weren't there! Yuk!)0 -
Can we just be clear with the OP - any notice wont be effective until August.
Which is a long time away!!0
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