Air BnB next door - do we have any rights?

JuliaMary_2

We live in a semi-detached house - have lived here for close to 20 years, no issues.
However, the adjoining semi to ours was sold in the last few years and the new owner: male in late fifties, did it up extensively to live in - he's single no dependents.
I've now become aware he's done this with other properties and let them out as air bnbs to recover investment and make money.  He has another home nearby and the person adjoining sold up in a matter of months after it started happening. 
He refuses to discuss with us and is not there most of the time. I was a bit perplexed why a single man in his 60's would want to make a family home even larger but each to their own I thought and was pleased it was being done up as we're adjoining. . 
It's now an extended 3 double-bedroomed house and, if it is daily/weekly turnover of different short-term holiday renters we're very concerned about noise and through-flow of many different guests in 'party/noisy mode' etc. 
We have a son with epilepsy and tiredness/excessive noise can trigger his seizures. He's also in school and trying to study.  The houses are sturdy but noise does travel. I also would find it stressful to be in constant discussions with strangers late at night to keep noise down etc. I suffer with anxiety and constant interactions would impact my mental health.  I also work full-time. 
Anyway, there are 2 things that I think may help and would appreciate any thoughts:
- We have a restrictive clause on our deeds that property can't be used for business; would this be enforceable if he had similar?
- He has not sought planning permission to rent out property (we're in Wales) but may claim he is living there (he's not but only lives a few streets away).  Can we appeal such or could he just say he's living there even when he isn't i.e. stay there for odd night but then go back to renting out again? 
This whole situation has been so stressful I'm thinking of selling up anyway - we were happy here but there's no accounting for a neighbour who'll just make a bad situation worse and I don't have confidence that the council will do much.   
I'm also concerned that if I get into a big challenge with deeds/exceptions and permissions I'd have to declare it on any sale and I may be better in just cutting my loses now as we were thinking of moving in next few years regardless. 
Thanks in advance for any advice etc. 

user1977

If it needs planning, then tipping off the planners and getting them to enforce it may be the most likely way of dealing with it.

Would help if you quoted exactly what your deeds say, but I suspect short-term letting still falls under the "residential" heading rather than commercial use, unless there is something more specific.

gwynlas

The Welsh government is registering all visitor accommodation so you can check whether registered as holiday let and presumably raise your concerns with assembly member for area

propertyrental

For £3 you can buy his Title deeds from the Land Registry. Then quote HIS restrictive covenants (if any) here for comment.

Suzycoll

JuliaMary_2 said:

We live in a semi-detached house - have lived here for close to 20 years, no issues.
However, the adjoining semi to ours was sold in the last few years and the new owner: male in late fifties, did it up extensively to live in - he's single no dependents.
I've now become aware he's done this with other properties and let them out as air bnbs to recover investment and make money.  He has another home nearby and the person adjoining sold up in a matter of months after it started happening. 
He refuses to discuss with us and is not there most of the time. I was a bit perplexed why a single man in his 60's would want to make a family home even larger but each to their own I thought and was pleased it was being done up as we're adjoining. . 
It's now an extended 3 double-bedroomed house and, if it is daily/weekly turnover of different short-term holiday renters we're very concerned about noise and through-flow of many different guests in 'party/noisy mode' etc. 
We have a son with epilepsy and tiredness/excessive noise can trigger his seizures. He's also in school and trying to study.  The houses are sturdy but noise does travel. I also would find it stressful to be in constant discussions with strangers late at night to keep noise down etc. I suffer with anxiety and constant interactions would impact my mental health.  I also work full-time. 
Anyway, there are 2 things that I think may help and would appreciate any thoughts:
- We have a restrictive clause on our deeds that property can't be used for business; would this be enforceable if he had similar?
- He has not sought planning permission to rent out property (we're in Wales) but may claim he is living there (he's not but only lives a few streets away).  Can we appeal such or could he just say he's living there even when he isn't i.e. stay there for odd night but then go back to renting out again? 
This whole situation has been so stressful I'm thinking of selling up anyway - we were happy here but there's no accounting for a neighbour who'll just make a bad situation worse and I don't have confidence that the council will do much.   
I'm also concerned that if I get into a big challenge with deeds/exceptions and permissions I'd have to declare it on any sale and I may be better in just cutting my loses now as we were thinking of moving in next few years regardless. 
Thanks in advance for any advice etc. 

hi Julia 

im sorry you are experiencing this
I do not have a wealth of advice sorry but just a few thoughts for now

* start a diary of any excessive noise and record all you can. You can then go to your local council with a complaint and most importantly evidence.
*as others have said if living in Wales check if registered as a holiday let 
*check who is on the electoral roll at this address? this may indicate that the house owner is registered as  'living there'
*check all your insurance documents, union memberships etc as you may be able to have free legal advice if required

housebuyer143

Is the Airbnb causing any issues as of yet? Lots of people who rent them are likely quiet and courteous people who will make little noise - it depends on the house rules he lists ( you would expect him to state no parties). 

sheramber

Is somebody living in the house where the adjoining owner sold up?

Do they have any problem with the AirBnB next door?

Scotbot

Do you live in a holiday location? AirBnBs are often rented by people working in an area on short term contracts or relocating.

I would give it a go and see what it is like before deciding to move

JuliaMary_2

Thanks all - have done a bit of digging this evening and found out that houses on our street are freehold and whilst restrictive covenants exist - no business on premises etc - they are unlikely to be enforceable, given age of property and fact covenants are between house owner and original land owner (who's probably no longer with us). As the neighbour I can't enforce the covenant breach itself. 
Plus neighbour is a property developer so no mortgage etc which might have had clauses etc.  As part of his redevelopment of property he made bedrooms as large as possible to maximise beds/numbers.
Councils are all cash-strapped and unlikely to take action for one semi-detached neighbour affected by noise - other than me waiting up repeatedly for delayed noise enforcement officers etc etc. If the neighbour/property owner doesn't live next door - or has houses to flit between - he's not going to be bothered: he still gets his money. He told me previously the council never take any action - and he's right (so he knows his way round the system/loopholes etc). 
We live in big city so it's likely to be let for groups coming for weekend events/visits/concerts etc.  We don't live in a particularly scenic area so more likely people out for a good time rather than long time. 
Tactically I don't want to wait - especailly with son's condition - and be on tenterhooks/stressed that we'll have a revolving door of revellers for 3 months of the year (or same spread out across the year) where no planning permission etc is required.  I guess we can't control his behaviour only our own. 
We'd been planning on moving in near future so maybe this has just speeded up our plans.  Have decided to try sourcing a detached property and/or one with more robust restrictions/considerations of neighbours that aren't so easily circumvented. Unfortunately, often the only people air bnb benefits is the neighbours who aren't there - there seems to be little/no coverage or concern for the established residents dealing with all the consequences.  I would have had no problem with a longer-term let / tenant as you can build up a relationship - and they have jobs and sleep needs etc - but that's very different to a revolving door of party people who aren't there for early nights and quiet discussions.  Thanks for all your help and suggestion.   

itsthelittlethings

My mum has one next to her. They are very rarely noisy. I remember once hearing them outside till late but other than that no. She never complains about it.

ThisIsWeird

Have you looked up the listing on ABnB? It may well say to respect neighbours and keep the noise down, as it's a semi. An attached place that we used certainly did.
Mind you, a roomy house with a number of bedrooms is more likely to attract full families, or other groups, who will probably expect to let their hair down. Some will, some won't.
You say he has refused to discuss this with you? May I ask what you actually said - have you made your concerns about noise fully clear, and told him about your autistic son? If you find it hard to contact him, you can do this via his BnB page It is always good to have evidence of such contact, just in case things escalate.
After you do this, a perfectly legitimate option open to you is to then complain to any excessively noisy occupants - you go to see them, explain your son is reacting badly to the noise, make it 100% clear that you informed the owner of this issue in advance, and that they should have had this made clear to them too before they booked. 
If a few BnBers leave reviews saying it isn't suitable for revellers, then it should influence future occupants, especially if accompanied by less than full-star reviews.

Do ABnB themselves respond to such issues?