Airbnb do nothing to assist property owners!

Adrian1995

Comms - I wasn't vague, I was explaining the situation as my OP was a grievance with the Airbnb procedures. Reading the whole thread would answer most of your questions.

You, like many others here, seem to assume this is some kind of long term rented property with a tenancy agreement. There isn't. The 'User' (and the reason I used this term wasn't to be vague, it is because that's how AirBNB refer to it) doesn't live there, has never lived there, they manage it via AirBNB, and again, my reason for using this term was because my OP was a frustration at AirBNB's processes.

This is my property. 100% in my name. I have been down the direct request route, and the legal route and had zero response.

My next course of action was to attempt to get the listing removed from AirBNB, but was met with a brick wall (they're just a platform and take no responsibility for the misuse of that platform) - hence my OP.

Now I realise that I need to take my own action to effectively prevent anyone from AirBNB staying there by putting in my own tenant.

Thank you to Pants, Cheekymonkey and getmore4less who understand the issue here and have provided constructive advice.

fairy_lights

Adrian1995 wrote: »

You, like many others here, seem to assume this is some kind of long term rented property with a tenancy agreement. There isn't. The 'User' (and the reason I used this term wasn't to be vague, it is because that's how AirBNB refer to it) doesn't live there, has never lived there, they manage it via AirBNB, and again, my reason for using this term was because my OP was a frustration at AirBNB's processes.

So how did they get access? Why haven't you reported them to the police?

theartfullodger

Under what authority does this "user" (not a legal definition/term by the way...) have the right to "manage" the property please? (Or did they just get keys and go ahead and do it..).


It may be 100% in your name but someone else may have a "beneficial interest" in it. e.g. (it's a complex area)
https://www.burnetts.co.uk/publications/factsheets/beneficial-owners-and-occupiers-the-dangers


- and only a judge could decide who actually has what % of something. [Example, not suggesting for a moment this is you: A is 100% owner on land registry. Lives for 40 years with B who pays half of mortgage, does all repairs, pays all utility bills: Can you see why B might have a case for some share?: I'm absolutely not judging anyone here..]

Pixie5740

Adrian1995 wrote: »

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

You are the one who referred to tenants in your opening post and getting them out.

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.

Adrian1995 wrote: »

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.

Is the property jointly owned with the ex? You say you are the sole legal owner but is your ex a beneficial owner?

Adrian1995 wrote: »

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.

How would the ex be able to get the locks changed back and relisting? A locksmith wouldn't (shouldn't) just go changing locks unless the person asking for the change can prove they have a legal right to occupy the property. How would your ex prove that?

Adrian1995 wrote: »

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

Getting a tenant in who will then have to deal with people turning up for AirBnB guests with bookings that will not be honoured is a d i c k move. Why do you think that would be easier than just preventing your ex from accessing the property?

Adrian1995

They manage the property via AirBNB (from all the repeated questions, I'm guessing people don't know too much about AirBNB?) This means they have keys, let guests in etc.

I don't think there's much more to be said on this thread - AirBNB can do as they please (the point of my OP was to question that), and I need to take my own (legal) action to prevent this from happening.

Thanks for all the advice everyone - much appreciated.

theartfullodger

Please -

theartfullodger wrote: »

Under what authority does this "user" (not a legal definition/term by the way...) have the right to "manage" the property please? (Or did they just get keys and go ahead and do it..)..................]

i.e. what authority, if any, do they have from you to do this. Yes I understand they deal with AirBnB. Or are you saying they have no authority from you? In which case, how come they have keys, please?



You do not have to own a property to be a landlord (eg many of the letting agent "guaranteed rent" schemes/scams work that way).


Side question: Who's name is council tax, electric, gas, water in please?

ThePants999

I'm personally in two minds about AirBNB. On the one hand, I'm sympathetic to their argument that they're just a platform - your grievance is really with the ex. On the other hand, I do think it's crap that they'll take no notice when you provide them with proof that someone is abusing their platform.

Either way, though, AirBNB is really a red herring here. Armed with a key and your inaction, the ex could find their own paying guests even if AirBNB stopped taking their bookings. Fundamentally, your problem is that someone is accessing your property. You need to take action to prevent it (changing the locks), and if they regain access after you've done that, then they've done so illegally and you should involve the police.

pinkteapot

ThePants999 wrote: »

Either way, though, AirBNB is really a red herring here. Armed with a key and your inaction, the ex could find their own paying guests even if AirBNB stopped taking their bookings. Fundamentally, your problem is that someone is accessing your property. You need to take action to prevent it (changing the locks), and if they regain access after you've done that, then they've done so illegally and you should involve the police.

This! Really good advice - please take it. Getting a tenant in is by far the most hassley way of resolving this. Do you really want to become a landlord?

Change the locks and tell your ex you've done so, and they're not to return to the property.

If they really do try to change the locks back (why would they?!) - As others have said, locksmiths do ask for proof of ID, though I've only had to show a driving license with the address before so if your ex ever lived at this property then yes, they might trick a locksmith into changing the locks back. However, as Pants said, at that point they'd be entering your property illegally and you can take further action.

Pixie5740

Adrian1995 wrote: »

They manage the property via AirBNB (from all the repeated questions, I'm guessing people don't know too much about AirBNB?) This means they have keys, let guests in etc.

I don't think there's much more to be said on this thread - AirBNB can do as they please (the point of my OP was to question that), and I need to take my own (legal) action to prevent this from happening.

Thanks for all the advice everyone - much appreciated.

I understand how AirBnB works it's just that some of your answers don't add up. One minute you are referring to tenants, the next there are no tenants and never have been. Then you think your ex can have the locks changed on your property even though to claim to be the legal owner. Then again, you haven't answered the question about beneficial ownership.

I agree with Pants, AirBnB is a red herring.

Comms69

Adrian1995 wrote: »

Comms - I wasn't vague, I was explaining the situation as my OP was a grievance with the Airbnb procedures. Reading the whole thread would answer most of your questions. - You were vague. Here's a summary: My ex partner keeps listing my property on AirBnB, I want it to stop, please help.

You, like many others here, seem to assume this is some kind of long term rented property with a tenancy agreement. - you have no idea what is and is not a tenancy agreement. And frankly had you summarised as I said this would be answered very quickly. There isn't. The 'User' (and the reason I used this term wasn't to be vague, it is because that's how AirBNB refer to it) doesn't live there, has never lived there, they manage it via AirBNB, and again, my reason for using this term was because my OP was a frustration at AirBNB's processes. - great. So they aren't a tenant.

This is my property. 100% in my name. - irrelevant; you keep saying it - are you expecting a medal? I have been down the direct request route, and the legal route and had zero response. - clearly not, or you would have an injunction

My next course of action was to attempt to get the listing removed from AirBNB, but was met with a brick wall (they're just a platform and take no responsibility for the misuse of that platform) - hence my OP.

Now I realise that I need to take my own action to effectively prevent anyone from AirBNB staying there by putting in my own tenant. - No, you need to change the locks and if this persists get an injunction.

Thank you to Pants, Cheekymonkey and getmore4less who understand the issue here and have provided constructive advice.

Not sure why becoming a landlord is suddenly a good idea, given the pitfalls you could encounter