The End of Section 21

…to be honest they will likely just let a property with poll tax paid or on AirBnB. We have to be careful that whatever replaces S21 does not in effect end up making it easier to get rid of tenants. Giles Peaker If the s8 is on grounds 8, 10 and 11, then the possession claim continues even if the tenant has brought the arrears below 2 months/8 weeks, so no automatic losing the court fee. 10 and 11 are discretionary grounds, but should always be ple…

Residential Purposes

…ade use other than ‘as a private residence’ and there had been airbnb/short let use. Noting the use of the indefinite article (‘a’), the Upper Tribunal held A person may have more than one residence as any one time a permanent residence that he or she calls home, as well as other temporary residences which are used while he or she is away from home on business or on holiday. It is immaterial that the occupier may have anoth…

A way to deal with delinquent lessors?

…cular, where the landlord has failed to take action or permitted short let/airbnb use of a leasehold flat, in breach of a restricted user clause, and ignored the other leaseholders’ protests. Where there is such an ‘enforceability’ clause, the offended leaseholders may well have a cause of action against the landlord. Quite how this plays out in extent, and the nature of remedies possible, we will have to see. But the potential i…

On the Naughty Step – ‘Accommodation Clubs’

…sidential landlord point. There isn’t one). So not holiday let, either. On airbnb, holiday lets, yes, but plenty of other issues re breach of lease, mortgage conditions, and insurance. Have a search on here for airbnb and see. Mai Hi there, very interesting. You’ve set out what the law is in the strict sense; but I believe that is not as black and white. You suggest here that such a concept cannot be contemplated, that it cannot actually exist wit…

Bits – tenant fees, airbnb and more

…nial of breach of lease. Central London County Court, 1 May 2018. While on Airbnb use, I had missed this First Tier Tribunal decision on breach of lease from 2016 – 20 Nottingham Place Management Company Ltd v Cooper LON/00BK/LBC/2016/0020 In this case, airbnb/short let use of the whole property was found to be a breach of the following lease clauses: (i) That the Lessee will use the demised premises for the purposes of a self-contained priv…

Ex parte’d, airbnb’d, departed

…do this’ category. And yes, it perhaps inevitably involves short let/airbnb use. This was Goldie Properties’ application for discharge of a without notice interim injunction permitting JKMK to return to a property. Goldie had let the property to JKMK on a tenancy agreement allowing a permitted occupant (presumably a company let). Notice to Quit was served in August 2017. In September 2017 JKMK applied for the without notice injunction…

Subletting and defamation – a novel approach

…appears to me to be at any rate a potential corroboration of the concerns Airbnb feels. The property that Mr H was advertising on Airbnb in 2015 was a different one to the SCLF one. But the 2015 property was also let to him on an assured shorthold tenancy which, on the authority of a county court judgment, I can safely say also prohibited sub-letting of any form. Mr H was in breach of that tenancy’s terms when he brought that defamation cla…

Short term lets, long term consequences

…ses were involved, so there is an extension of the kind of clause catching Airbnb/short let use. Bermondsey Exchange Freeholders Limited v Kevin Geoghegan Conway. County Court at Lambeth (10 November 2016) (unreported elsewhere) BEF is the freehold management company of an apartment building in Southwark. Mr C is the leaseholder of one of the flats. According to BEF, Mr C had been letting out the property on Airbnb and other short term letting sit…

RTB and Airbnb in Southwark

…uthwark RTB leaseholder – or those looking to buy one with a view to Airbnb/short let use – think twice about letting out the whole flat on short lets. I would anticipate that other Councils will also be looking at their RTB lease clauses in relation to short let use. And if not, why not? (*fun strictly in the L&T lawyer sense of the word.) Update 29/03/2017 As has been pointed out to me, Housing Act 1985 Schedule 6, section 17(1)…

Medley

…er him. Entrance is free and details and registration are here. Meanwhile, Airbnb appear to be having some trouble in the US, where a major apartment owner in Denver, Aimco, has brought a claim against Airbnb on the basis that it assists “Aimco tenants to breach their leases in order to sublet their apartments.” I am somewhat at a loss as to the basis for such a claim. I can only presume that they do things differently there. But inter…