Can landlords let out rooms on airbnb without tenants’ knowledge or permission?

by Readers Question

10:12 AM, 14th February 2017
About 2 years ago

Can landlords let out rooms on airbnb without tenants’ knowledge or permission?

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Can landlords let out rooms on airbnb without tenants’ knowledge or permission?

I’m living in a shared house with an Assured Shorthold Tenancy (minimum term 6 months). There’s currently an empty room in the house. The landlord said a new person would check into the room and asked us to be in to let the new person in.

The person turned up and say they’re coming to the room for 4 nights, using it as airbnb. I had no idea this was happening. Landlord confirms that they are letting the room out using airbnb until they find a longer term tenant.

Is this allowed?airbnb

Can landlords let out rooms on airbnb without tenants’ knowledge or permission?

Many thanks!

Jenny



Comments

Neil Patterson

10:15 AM, 14th February 2017
About 2 years ago

Hi Jenny,

Previous readers articles have all been about tenants letting the property on Airbnb and the problems this causes.

This is the first one the other way around and I don't know the answer, but others may.

However, you do have a right to "quiet enjoyment" and if something is interfering with that then it is an issue. eg checking airbnb customers in and out etc.

Sean Graveney

11:26 AM, 14th February 2017
About 2 years ago

If the landlord expects you to be around to let in and show around a new tenant every week then you should be talking to him about how you'll be compensated for your time or setting him straight if you don't have the time to do it. Have a look on airbnb to see what the room is going for to inform your conversation.

Mark Alexander

8:27 AM, 15th February 2017
About 2 years ago

The landlord can rent the room to whoever he wishes but he cannot reasonably expect you to deal with check in/out of AirBNB visitors. Either say NO or ask him what's in it for you?
.

Marlena Topple

12:27 PM, 15th February 2017
About 2 years ago

Beyond the inconvenience and irritation at being asked to let in an Airbnb guest, I would be concerned about security. Airbnb guests are not subject to the same selection,/scrutiny as tenants on a 6 month or longer AST. I would not be satisfied with this arrangement in your position Jenny and would share concerns this my landlord if I thought this would be a permanent arrangement. You may for example want lockable cupboards in the kitchen and extra security for your room. I would negotiate an early termination of my tenancy and look for alternative accommodation if I did not get the reassurances I needed.

Ian Narbeth

12:28 PM, 15th February 2017
About 2 years ago

There are other issues to consider. These may or may not give you direct redress but if the use of the room for AirBnB is causing problems may give you some ammunition though the landlord may react badly to being told not to let out the room:
1 Does the landlord need planning consent? In some places, especially London, this may be required.
2. If the HMO licensed? The council may not be happy with this use.
3. Are the AirBnB guests causing problems, such as excessive noise or expecting others to assist them?
4. With short term guests there is an increased risk of theft and damage to the property and its contents. Will this affect your contents insurance? The Landlord should also tell his insurers otherwise he may invalidate his policy.

If the AirBnB use interferes with your quiet enjoyment of the property you may have a claim. However, I would handle it tactfully and/or act in concert with the other tenants so as not to be seen as a trouble-maker.

Jill Coyne

12:59 PM, 15th February 2017
About 2 years ago

Really? I must have missed something- didn't know you could let a house on an AST & then claim a spare room as your own to let short term when you feel like it- I'd have been my tenants' temporary lodger loads of times myself if I'd known.....! I'd be very interested to hear how this is poss- as you can't do an AST for a room, you have to do a licence agreement for a room- an AST is for tenants in a self contained dwelling- or am I mistaken??

Dani Hicks

13:02 PM, 15th February 2017
About 2 years ago

It is complicated issue for the Tenants and the Landlord and all the replies above a very valuable. As a Landlord myself it is interesting to know if this is legal and also to add to the rest- fire safety breaches as the Air B&B users are not living in the house long term and possibly not be aware of the house rules and fire safety. Although the Landlord probably feels he can't rent the room quickly and is loosing money, but on the other side this will effect the current tenants and potentially he will loose them as well. Most people would like to have certainty and stability in their lives rather than not knowing who is coming in and out of the house especially they share the common areas with the rest.
The Landlord wants to have his cake and eat it too.

Sean Graveney

13:03 PM, 15th February 2017
About 2 years ago

Crikey, I'm not sure how happy the tenants would be about their landlord turning up to live in their house!

Paul Maguire

13:23 PM, 15th February 2017
About 2 years ago

I do an AST for each room in my 5 bedroom flat with shared facilities, bills etc.

Ian Narbeth

13:41 PM, 15th February 2017
About 2 years ago

Reply to the comment left by "Jill Coyne" at "15/02/2017 - 12:59":

Jenny is in an HMO and typically the landlord will grant ASTs of individual rooms and a shared right to use the kitchen bathrooms and other common areas. If the tenant had an AST of the whole house then the landlord could not let the spare room to someone else.

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