Is AirBnB subletting or lodging?

eloy7

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.

davidmcn

Before we get further into this, which country are you talking about? Your first link is Northern Irish and your second is English.

00ec25

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

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

davidmcn wrote: »

Before we get further into this, which country are you talking about? Your first link is Northern Irish and your second is English.

I know there are different rules, but the definition should be the same around the UK. In any case, I am referring to England.

00ec25 wrote: »

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!

I meant renting out a spare room NOT the entire house. Thus, I permanently live in the property.

Pixie5740

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.

eloy7

Pixie5740 wrote: »

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.

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

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

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

G_M wrote: »

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.

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

DumbMuscle wrote: »

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.

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).