My AST Tenants have turned my House into an Airbnb

franklee

I would query whether it's still an AST as to be so it must be the tenant's only or principle home. How you prove it isn't may be tricky. As a first step I'd be collecting evidence, do another inspection and take photos internally, save all the airb&b ads, save anything you can find on the tenant's other homes or other properties they have on airb&b talk to anyone you can think of like neighbours.

http://www.gosschalks.co.uk/insights/view/how-landlords-can-get-possession-of-a-sublet-property

https://www.tanfieldchambers.co.uk/resources/articles/airbnb--a-quick-buck-or-a-catastrophic-mistake

Landlordzone is a good place to ask. e.g. this landlord had the same problem:

https://forums.landlordzone.co.uk/forum/residential-letting-questions/70676-ast-tenant-sublet-my-flat-in-airbnb-for-the-past-15-months-how-to-evict-him

Also try Property Tribes
https://www.propertytribes.com/categories.php

JennyP

Not quite the sane situation but a tenant of mine sublet without my knowledge, housing six people in my two bed flat. The original tenant was - unknown to me - an illegal immigrant. She got deported. I went to see why the rent wasn't paid and discovered six girls living in my flat who thought they had paid the deposit and rent to the legitimate landlord.

The solicitor said it could take a year and 20 to 30 grand in legal fees to get them out and the simplest thing was to talk to them. I did. I explained they had been conned and that they were renting off a woman who had no right to rent to them. They were upset. I asked them if they would be willing to leave if I gave them a month rent free to find somewhere and they all signed a legally drawn up document to that effect. They all left on time. The letting agent (supposedly "letting agent of the year" several years running) refunded me all the money I was out of pocket as they hadn't checked the tenants right to live here. I just had to clean a very dirty flat.

Maybe if you talked to your tenants, explained they were in breach, they might agree to go?

I would also talk to the council. Not mention the Airbnb situation but say you didn't know it was an HMO and want to put things right quickly. Far better that you go to them than they go to you.

cloo

Part of me says go and talk to them first, but as this clearly wasn't an accident and they took the place presumably with full intention of illegally subletting I might skip straight to Section 8 eviction, which would be entirely reasonable.

I'd certainly report to airbnb - even if they move to other sites, they won't get as much business from them.

G_M

I see no point in talking to the tenant. As some of you know, I often advocate the 'tea & cake' approach, but in this case the tenant knows full well what they are doing, planned it from the start, and is unlikely to forsake their business profit over a genteel cuppa!

As for the sub-tenants, these will be constantly changing, so unlike jennyP's example above, speaking to them will be impractical.

Go straight to the appropriate S8 Notice(s).

Crashy_Time

Time to hike the rent!

ThePants999

G_M wrote: »

I see no point in talking to the tenant. As some of you know, I often advocate the 'tea & cake' approach, but in this case the tenant knows full well what they are doing, planned it from the start, and is unlikely to forsake their business profit over a genteel cuppa!

As for the sub-tenants, these will be constantly changing, so unlike jennyP's example above, speaking to them will be impractical.

Go straight to the appropriate S8 Notice(s).

I totally agree that talking to the tenant won't change the tenant's evil ways, but I do recommend it anyway, because judges like to see that you've tried to resolve matters without going through the courts, and if you're going to use a discretionary ground, you want the judge on your side...

G_M

ThePants999 wrote: »

I totally agree that talking to the tenant won't change the tenant's evil ways, but I do recommend it anyway, because judges like to see that you've tried to resolve matters without going through the courts, and if you're going to use a discretionary ground, you want the judge on your side...

Good point.

Document it!

Jane_B

I would personally talk to them first, if they have been reasonable over the last few years. You have a lot to 'threaten them with' so they might be ok with reaching an amicable solution. I would say look I know you are subletting on AirBNB, if I give you a month to leave I will not report you and the other properties to HMRC and the council. And see what they say ? As I bet they are not being honest with HMRC with their profits, if they are being sly with you.

If that doesn't work I would speak to the council and see if they can shut this down, in the meantime explore section 8, its there for protection and to be used.