Problem with AST when it’s an Airbnb?
3 years ago | 17 comments
Notice to Quit?
12:03 AM, 26th October 2023, 2 years ago
9
Hello, on the advice of an eviction specialist I have issued my “tenant ” with a notice to quit. She is not a resident and is using the property for Airbnb now on an assumed tenancy at will – commercial property.
I thought that once the notice period had ended I could take possession but the specialist says that I need to obtain a court order. Is this right?
Any advice from Property118 readers would be greatly appreciated,
Maureen
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Member Since September 2023 - Comments: 173
8:16 AM, 26th October 2023, About 2 years ago
Maureen
Why did you become a landlord? Did you do any research?
Of course you need a Court Order (and bailiffs most likely).
The eviction specialist earns that title.
Member Since March 2023 - Comments: 1506
8:51 AM, 26th October 2023, About 2 years ago
Reply to the comment left by Easy rider at 26/10/2023 – 08:16
Oh dear, I hope you also used the prescribed method for notice to quit S21 (also known as form 6A) and completed it with the correct information and dates otherwise the tenant can basically ignore it. One BIG fly in the ointment is you imply she is not the tenant, so who have you issued the notice to quit too ? – It has to be to the tenant.
Member Since October 2022 - Comments: 402
10:24 AM, 26th October 2023, About 2 years ago
Doesn’t an assumed tenancy at Will mean it contains agreement that either side can end tenancy with immediate effect either informally or in writing. Just got that off internet. Think your specialist is having you on.
Member Since October 2013 - Comments: 1630 - Articles: 3
10:55 AM, 26th October 2023, About 2 years ago
If it’s ‘commecial’, wouldn’t it need a change of use?
Member Since February 2023 - Comments: 1
11:01 AM, 26th October 2023, About 2 years ago
Reply to the comment left by GlanACC at 26/10/2023 – 08:51
You can’t issue a s.21 for an implied tenancy at will, only an AST
Member Since October 2020 - Comments: 197
11:34 AM, 26th October 2023, About 2 years ago
Not enough detail provided in OP to say. What are the grounds for repossession? Is the notice served a Section 146 notice? You may re-enter peacefully and change the locks anytime after a section 146 notice has been served. If you haven’t served a Section 146 but some other notice, you may still need to serve a 146 before you can request a court order if going that route.
Member Since March 2023 - Comments: 1506
11:55 AM, 26th October 2023, About 2 years ago
Reply to the comment left by Neil Evans at 26/10/2023 – 11:01
Neil, I did say that – the S21 has to be against the tenant. So is this an tenant who has illegally used the property as AirBNB or a commercial business or what.. either way think there may be a problem of shifting the ‘incumbent’
Member Since July 2013 - Comments: 754
12:23 PM, 26th October 2023, About 2 years ago
Is the ‘eviction specialist’ an expert in residential tenancies/ASTs only, or do they have commercial property solicitors available in the practice to consult?
If not, you may need the latter, fast. Get it wrong and you could be in for months of pain and cost, that would dwarf the potential fees of getting the right advice.
Member Since October 2022 - Comments: 402
4:56 PM, 26th October 2023, About 2 years ago
Tenancies at Will mean tenant not enjoy statutory right under LTA 54 to remain in the property once tenancy terminated.
Depends how tenancy set up and if not set up properly then there is a risk tenant becomes protected under LTA 54.
You need specialist legal advice. Put assumed tenancy at Will onto Google and many law firms specialising in this area