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  • FIRST POST
    • eloy7
    • By eloy7 15th Jun 17, 11:04 PM
    • 71Posts
    • 5Thanks
    eloy7
    Is AirBnB subletting or lodging?
    • #1
    • 15th Jun 17, 11:04 PM
    Is AirBnB subletting or lodging? 15th Jun 17 at 11:04 PM
    According to the definition given here, Airbnb-style of renting out a room is not a type of subletting. Since the tenancy agreements usually prohibit subletting but the tenant still have the right to take a lodger under license agreement, renting out a room by AirBnB should not be a breach of the tenancy agreement.

    I am deducing the statement given by Citizen Advice as "taking in a lodger under a licence agreement is not subletting because the lodger only has permission to occupy a room, they do not have exclusive possession of it.
Page 1
    • davidmcn
    • By davidmcn 15th Jun 17, 11:32 PM
    • 6,111 Posts
    • 5,857 Thanks
    davidmcn
    • #2
    • 15th Jun 17, 11:32 PM
    • #2
    • 15th Jun 17, 11:32 PM
    Before we get further into this, which country are you talking about? Your first link is Northern Irish and your second is English.
    • 00ec25
    • By 00ec25 16th Jun 17, 12:38 AM
    • 5,369 Posts
    • 4,708 Thanks
    00ec25
    • #3
    • 16th Jun 17, 12:38 AM
    • #3
    • 16th Jun 17, 12:38 AM
    for someone to be a lodger you must be living in the property at the same time as them as the resident landlord - not something one typically sees with airbnB!
    • theartfullodger
    • By theartfullodger 16th Jun 17, 7:54 AM
    • 9,056 Posts
    • 11,980 Thanks
    theartfullodger
    • #4
    • 16th Jun 17, 7:54 AM
    • #4
    • 16th Jun 17, 7:54 AM
    It can be more options than just those 2 (could be an AST..) - see this excellent set of articles...
    http://www.landlordlawblog.co.uk/tag/airnbn/
    • eloy7
    • By eloy7 16th Jun 17, 10:15 AM
    • 71 Posts
    • 5 Thanks
    eloy7
    • #5
    • 16th Jun 17, 10:15 AM
    • #5
    • 16th Jun 17, 10:15 AM
    Before we get further into this, which country are you talking about? Your first link is Northern Irish and your second is English.
    Originally posted by davidmcn
    I know there are different rules, but the definition should be the same around the UK. In any case, I am referring to England.

    for someone to be a lodger you must be living in the property at the same time as them as the resident landlord - not something one typically sees with airbnB!
    Originally posted by 00ec25
    I meant renting out a spare room NOT the entire house. Thus, I permanently live in the property.
    • Pixie5740
    • By Pixie5740 16th Jun 17, 10:43 AM
    • 11,102 Posts
    • 15,386 Thanks
    Pixie5740
    • #6
    • 16th Jun 17, 10:43 AM
    • #6
    • 16th Jun 17, 10:43 AM
    Does it really matter is letting your spare room through Air BnB is a breach of your tenancy agreement or not? If your landlord finds out and doesn't like it (s)he can still issue a Section 21.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • eloy7
    • By eloy7 16th Jun 17, 11:14 AM
    • 71 Posts
    • 5 Thanks
    eloy7
    • #7
    • 16th Jun 17, 11:14 AM
    • #7
    • 16th Jun 17, 11:14 AM
    Does it really matter is letting your spare room through Air BnB is a breach of your tenancy agreement or not? If your landlord finds out and doesn't like it (s)he can still issue a Section 21.
    Originally posted by Pixie5740
    I don't mind if the landlord terminates my tenancy agreement, I don't mind to relocate. However, I care if what I am doing is considered illegal.
    • ThePants999
    • By ThePants999 16th Jun 17, 12:36 PM
    • 866 Posts
    • 1,013 Thanks
    ThePants999
    • #8
    • 16th Jun 17, 12:36 PM
    • #8
    • 16th Jun 17, 12:36 PM
    If by "illegal" you mean a crime, of course it isn't. We're a hundred miles away from criminal law here. The only question is whether it's a breach of your tenancy agreement.
    • G_M
    • By G_M 16th Jun 17, 12:51 PM
    • 41,950 Posts
    • 48,551 Thanks
    G_M
    • #9
    • 16th Jun 17, 12:51 PM
    • #9
    • 16th Jun 17, 12:51 PM
    Property law in Northern Ireland is not the same as in England.

    There there are not standard rules for property or tenancies around the UK.

    What you propose is not a crime. The police would not be interested, and no criminal prosecution could follow.

    Whether it breaches any civil laws, or you could be held liable in a civil court, is another matter.
    • DumbMuscle
    • By DumbMuscle 16th Jun 17, 1:18 PM
    • 196 Posts
    • 290 Thanks
    DumbMuscle
    Property law in Northern Ireland is not the same as in England.

    There there are not standard rules for property or tenancies around the UK.

    What you propose is not a crime. The police would not be interested, and no criminal prosecution could follow.

    Whether it breaches any civil laws, or you could be held liable in a civil court, is another matter.
    Originally posted by G_M
    It's also a separate matter whether it breaches any general civil laws, whether the contract imposes more restrictions than the civil laws (or waives some of the restrictions imposed by the laws), and whether the contract terms are enforceable.
    • G_M
    • By G_M 16th Jun 17, 3:47 PM
    • 41,950 Posts
    • 48,551 Thanks
    G_M
    It's also a separate matter whether it breaches any general civil laws, whether the contract imposes more restrictions than the civil laws (or waives some of the restrictions imposed by the laws), and whether the contract terms are enforceable.
    Originally posted by DumbMuscle
    There's no 'also'.

    My post deliberately referred to "any civil laws". That encompasses 'general civil laws' as well as contract law (which is a subset of civil law).
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