AirBnB Leasehold

NeilCr

Just interested in whether any freeholders of leasehold blocks of flat have had any issues with flats being used regularly as Airbnb properties

There is some case law

https://www.charlesrussellspeechlys.com/en/news-and-insights/insights/private-client/2017/airbnb--leaseholders-think-twice/

https://www.shoosmiths.co.uk/client-resources/legal-updates/airbnb-is-a-breach-of-residential-use-in-a-lease-14119.aspx

We have a situation (as freeholders) where a flat is being "let" as a Airbnb property all year round. There have been complaints from other flat owners - around disturbance, strangers knocking on doors for entry codes, etc etc. We believe it is in breach of the lease and have written to the owners with no reply. Airbnb basically aren't that interested - they will forward a letter to the owners and we will be asking them to do that

We'll also seek legal advice and may have to seek an injunction - if the legal advice goes that way

This post is more about whether anyone else has had the same issue - and whether it is widespread and something that freeholders are aware of.

AdrianC

What does this leaseholder's lease say about subletting, about quiet enjoyment, etc etc?

In short, what are they doing that the lease says they can't?

NeilCr

Both the private residence and business clauses mentioned in the links cited. As stated many leases have standard terms

But, as I said, that's not really the point. More interested in how wide spread an issue this is/could be and how AirBnB view it. They certainly took the line that they are a "middleman" and it was down to the person letting to ensure they could do so.

It could certainly hit their business quite hard.

davidmcn

NeilCr wrote: »

They certainly took the line that they are a "middleman" and it was down to the person letting to ensure they could do so.

Well, I can't see how you could form any argument to the contrary. They're just a booking platform, they're not going to start doing due diligence on everybody's titles, planning consents, fire precautions, etc.

Cakeguts

In some areas you need planning permission to do this.

G_M

Yes it's increasingly widespread, but so what?


Since you clearly have concerns around the management and occupaion of the block, focus on your own circumstances rather than vague generalisations.


What exactly do the specific leases in question say? Please quote reevant parts in full.

NeilCr

G_M wrote: »

Yes it's increasingly widespread, but so what?


Since you clearly have concerns around the management and occupaion of the block, focus on your own circumstances rather than vague generalisations.


What exactly do the specific leases in question say? Please quote reevant parts in full.

As I said it was a discussion thread about whether or not any freeholders were having issues with leaseholders Airbnbing (love that word) and finding out how they were dealing with it.

I wasn't looking for specific advice on our situation. I would have asked if that was the case,

NeilCr

davidmcn wrote: »

Well, I can't see how you could form any argument to the contrary. They're just a booking platform, they're not going to start doing due diligence on everybody's titles, planning consents, fire precautions, etc.

I was looking at it from the other way round. If someone comes to AirBnB with evidence that the property they are "advertising" is not the person's to let or "rules" are being broken can they still rely on their Ts and Cs. That it is up to the advertiser to ensure they have the proper permissions.

Not arguing one way or the other - just ruminating and asking. I fully get that they can't carry out due diligence on every property on their books. They do, of course, take down adverts

davidmcn

NeilCr wrote: »

I was looking at it from the other way round. If someone comes to AirBnB with evidence that the property they are "advertising" is not the person's to let or "rules" are being broken can they still rely on their Ts and Cs. That it is up to the advertiser to ensure they have the proper permissions.

No, of course it's nothing to do with the agency, any more than whoever edits the small ads in the Sunday Post (or wherever else holiday lets are advertised) should be getting involved.

If you want to stop the landlord from using it as a holiday let you need to tackle the landlord, not play whack-a-mole around the places they advertise.

Friday1989

I live in a block of flats in an area which is popular with tourists. We had a serious issue with people letting out their flats on Airbnb a few years ago and the visitors having loud parties any night of the week. The council wrote to everyone in the block (the council owns the freehold) explaining it is a breach of the terms of the lease and it needed to stop. I'm not sure exactly what would have happened if it continued as it did.

People are clearly still Airbnbing their flats. There are constantly new people turning up with suitcases, waiting around outside the main entrance or outside specific flats. It is families, couples and small groups of friends (usually 3-4 young women) not party types now. I have no issue with people Airbnbing while they are away or for the odd weekend but it is a residential block and I think it should be used that way (and the lease states it should).

As far as I'm concerned, if Airbnb are aware a person is letting a property they do not have permission to let then they should shut their account. It's unreasonable to expect them to do checks but if the evidence is presented in black and white (i.e. from the freeholder) then they should take action.

davidmcn

Friday1989 wrote: »

It's unreasonable to expect them to do checks but if the evidence is presented in black and white (i.e. from the freeholder) then they should take action.

In what form would this black and white evidence need to take though? How would Airbnb know that the person claiming to be the freeholder really is the freeholder (or that they're accurately representing what the lease says), and that they're not just some disgruntled neighbour or competitor?