Can a tenant sub-let an entire property?

Rosemary7391

Does changing a house to a B+B require some sort of planning permission?

davidmcn

Rosemary7391 wrote: »

Does changing a house to a B+B require some sort of planning permission?

It would if it were a B&B - but don't let "Airbnb" confuse you. This is (presumably) a self-catering holiday let, which from a planning point of view generally comes within normal residential permission.

MEM62

Sub-letting may or may not be allowed by the terms of the lease but that is a private matter between the property owner and his tenant. You should only be concerned if the tenant and/or his guests are causing you issues - in which case report the matter.

Unless you know the property owner well and are looking our for his interest you have no reason to get involved.

Somerset

MEM62 wrote: »

Unless you know the property owner well and are looking our for his interest you have no reason to get involved.

If I half-way thought of the owner as a friend, I'd mention it particularly if I thought they didn't know.


https://www.airbnb.co.uk/help/responsible-hosting


In 2015, with the Deregulation Act, the Government introduced an exception to this restriction. The exception allows residential premises to be used for temporary sleeping accommodation without this being considered a “change of use”, so long as the cumulative number of nights of use as temporary sleeping accommodation does not exceed 90 nights in a calendar year, and so long as the person who provides the accommodation is liable to pay council tax. Local planning authorities may direct that this exception does not apply to certain residential premises or to residential premises in certain areas. You should check the position carefully with your local authority.


If a property is used for short-term rentals for more than 90 days in a calendar year, the exception does not apply. You should check the position carefully with your local authority. Seems to be London only but says check.


Check any leases, contracts or regulations relating to your building to make sure there is no prohibition against subletting – or any other restriction against hosting. Read your lease agreement and check with your landlord and mortgage lender if applicable


Look, nobody knows, maybe the tenant has permission. But equally the tenant could be on to a nice little earner that potentially could drop the landlord right in it. I'm sure the tenant has checked his responsibilities with the landlord, all insurances, freeholder, local authorities and is fully registered with HMRC for the income.

MEM62

libf wrote: »

Whilst the tenant lives in the property, it is their home and they are entitled to treat it and enjoy it as such. If you can't get your head around that, then you shouldn't be a landlord.

But they cannot turn it into a B&B! (If that's what the tenant is doing.) A domestic lease will allow domestic use of the property by the lessee and his family - only!

DCFC79

What your mother could do is drop it into a conversation eg "I've not seen so and so for a while, is he still renting the place next door" or something along them lines.

chappers

davidmcn wrote: »

It would if it were a B&B - but don't let "Airbnb" confuse you. This is (presumably) a self-catering holiday let, which from a planning point of view generally comes within normal residential permission.

However depending upon occupancy and availability rates which would define it as a holiday let it could be subject to business rates and would almost certainly breach the conditions of a std BTL mortgage and also though not of so much interest in this case to the LL the income would need to be accounted for differently.

System

Guest101 wrote: »

What I don't get in principle (lets put aside the insurance stuff for a second)


LL wants £x per month, and gets it.


Tenant can now get £x + Y amount and make some profit.


Where's the problem, everyone egts what they want

That's all very well but would your response be the same if the tenant is claiming HB ?

Guest101

CHRISSYG wrote: »

That's all very well but would your response be the same if the tenant is claiming HB ?

dont see the relevance to be honest

theartfullodger

CHRISSYG wrote: »

That's all very well but would your response be the same if the tenant is claiming HB ?

See my post #5.

If the tenant is an honest & honourable person they would have already informed benefits agency (DWP, local council) of their increased income - as well as HRMC re. tax.

So there would be no problem with reporting these ways...
https://www.gov.uk/report-benefit-fraud
&
https://www.gov.uk/report-an-unregistered-trader-or-business
as no harm would be done, eh??