Airbnb do nothing to assist property owners!

davidmcn

Adrian1995 wrote: »

The user is my -ex partner so there was no formal agreement as such, we just used to share the income, now they just keep it all for themselves and refuse to respond to my requests (despite me being the sole legal owner).

So they appear to be the de facto occupier (where "occupation" just means controlling who gets to use the property from day to day), in which case to do it properly you probably need to get a court to order them to be evicted.

Or you change the locks yourself and take your chances.

The AirBnB listing really isn't relevant.

Adrian1995

Ozzuk wrote: »

that is the way I read it as well. If so, nothing to do with AirBnB, they could just list it elsewhere.

Change the locks (assuming you haven't got some kind of contractual agreement). Maybe for belt and braces, send them a letter before action as well (get legal advice).

The point is Airbnb do not have my permission to list my property, and this User is now in violation of their Terms of Service. The property has all 5* reviews and the User is a Superhost, so removing the listing will mean starting from scratch if they want to relist it (something I suspect they won't want to do as it takes time to build up such a good rating).

I have sent a letter via Airbnb and I have also sent multiple letters via my solicitors - all of which have been flatly ignored, so now I need to take action, but I don't want a scenario where I change the locks, then they change them back etc.

Ludicrous.

ProDave

Have I got this correct:

So you are letting a property.

The TENANT with YOUR AGREEMENT (at least at the start) sublets part of it via air BnB

What does the tenancy agreement say about sub letting?

You now want to withdraw your permission to sub let.

Will that need a change tot he tenancy? Have you informed the tenant you are withdrawing your concent to sub let?

If you are going to end the tenancy over this, you have to do it properly.

ThePants999

ProDave wrote: »

Have I got this correct:

So you are letting a property.

No. Press F5 and read further

Adrian1995

ProDave wrote: »

Have I got this correct:

So you are letting a property.
The TENANT with YOUR AGREEMENT (at least at the start) sublets part of it via air BnB
What does the tenancy agreement say about sub letting?
You now want to withdraw your permission to sub let.
Will that need a change tot he tenancy? Have you informed the tenant you are withdrawing your concent to sub let?

If you are going to end the tenancy over this, you have to do it properly.

No - there is no tenant, there is no tenancy agreement.

This is a rental property that is rented out on short term lets (2-3 days at a time) via the Airbnb platform. When it is not rented out via Airbnb it is empty.

I had an agreement with my -ex partner (who manages the property via an Airbnb account, and has all the login details) that we would split any rental income.

They now continue to rent it out for short term lets via Airbnb, and keep all of the money, and have refused my repeated requests both directly, and via my solicitor, to hand back control of my property to me.

I cannot access the Airbnb account as I do not have the passwords. I also cannot see what bookings have been taken. How much income has been made etc.

If I change the locks, there's nothing to stop them changing them back (AFAIK) and relisting. And it seems Airbnb won't remove the listing.

That is my problem.

AdrianC

If you are the sole owner of this property, why does your ex even still have the keys if they were simply managing the property on your behalf during the relationship?

The easy answer would be to just change the locks! Then it's up to them to argue that there was an implied tenancy... But if they win that argument... Were you happy for them to continue to use the property after the relationship ended, and this is now purely a money argument? If so, then they may very well have a strong argument that they are a tenant, with your permission. So you would need to go through the proper tenancy procedures.

AirBnB are not only irrelevant in all of this, but they would be breaking the law if they did deal with you. The AirBnB side of this is simply a contractual issue between you and your erstwhile business partner, and the fine detail of the business (the property) is irrelevant.


Pick how you want to argue it.

ThePants999

My suggestion would be that you get an actual tenant in for a while, rather than AirBNB guests. Your ex will find it difficult to let via AirBNB when someone is actually permanently living there. By the time your first tenants move on, you might find the ex has moved on too, and you can go back to AirBNB unmolested

Adrian1995

ThePants999 wrote: »

My suggestion would be that you get an actual tenant in for a while, rather than AirBNB guests. Your ex will find it difficult to let via AirBNB when someone is actually permanently living there. By the time your first tenants move on, you might find the ex has moved on too, and you can go back to AirBNB unmolested

Thank you! I think this is the best solution, and one I perhaps missed from getting caught up in the detail.

davidmcn

Adrian1995 wrote: »

If I change the locks, there's nothing to stop them changing them back

Why would it be any easier for them to change the locks than any other third party?

Comms69

Adrian1995 wrote: »

My first post here, one made out extreme frustration.

My situation:

• I am the legal owner of a property that is being listed on Airbnb;- That is literally irrelevant.
• The person listing the property had my permission previously, but is now refusing to give me access to the account, show me the bookings, or declare the income being received; - What is your relationship with this person?
• Therefore I have decided to withdraw my consent for that 'User' to list my property; - depending on the above, that may not be your right to do.
• I have provided Airbnb with a copy of the Land Registry showing I am the legal owner of the property. - and again that is irrelevant.

After multiple exchanges with Airbnb Support, their response is summarised as follows:

• They have a Host notification process for such matters. Which involves me writing a letter to the Host, Airbnb forward the letter on and offer some 'assistance' to the user with their account. That is the full extent of the 'Host Notification Process' (which I have followed);
• In response to me asking for the listing to be removed, Airbnb replied - "In these circumstances we follow our 'Host Notification Process' (which as you can see is a pointless and ineffective process);
• Furthermore, Airbib state: "All users by agreeing to our Terms of Service and when listing a property, agree that they have all rights to the accommodations. Regrettably, we are unable to verify legal ownership documentation including but not limited to mortgages, deed of trusts, grant/warranty/quit claim deeds, leases/rental agreements, By-laws, etc."

So, in summary: Airbnb take the word of their 'Users' as to having rights to accommodations over the legal paperwork provided by an owner. - yes. your paperwork proves the square root of F all.

I have also pointed out to Airbnb that this User is now clearly violating their Terms of Service by the fact that I have declared they do not have rights to the accommodation. - and again that may not be an option for you

No response from Airbnb.

I cannot believe that I am in a situation where my property is being listed on a 3rd party site. I do not want it listed anymore, and Airbnb are refusing to action my request, hiding behind their useless 'Host Notification Process' and taking the word of a random 'User' over a legal property owner. - is it your property though, answer the above...

My next step will be to access the property - possibly illegal , ask any tenants currently in there to leave - 50/50 that would be a criminal offence , and change the locks - same again , but I see a scenario where this User then changes the locks back (Locksmiths rarely ask for proof of ownership) and relists my property, and I cannot spend my life staking out my rental property to prevent this from happening. - Instead of playing amateur detective, why don't you post some useful information

Has anyone else encountered this farce? Can anyone advise me on what I can do next to get the listing removed and the Users account blocked on Airbnb?

Thanks in advance for any assistance.

Who is the host? How do they have access to the property? What is the relationship to you?