Do I need the freeholder’s permission before renting on Airbnb?

This was AI’s response (the experts may have other opinions): 1. Short-Term Letting & Lease Covenants
The Status of Airbnb Under Your Lease
Even without explicit wording mentioning “Airbnb” or “short-term lets” (which did not exist when your lease was drafted in 1922), standard UK leasehold case law heavily restricts short-term holiday letting under standard residential covenants.
Courts have consistently established clear precedents on similar lease clauses:
* “Private dwelling” restriction: In key cases such as Nemcova v Fairfield Rents Ltd (2016), the Upper Tribunal ruled that using a flat for short-term holiday lets (where occupiers stay for days or weeks at a time) breaches a covenant requiring the property to be used as a “single private dwelling.” The tribunal reasoned that short-term guests lack the necessary degree of permanence to consider the flat their private dwelling.
* “Business use” or “hotel/lodging” restriction: Clauses barring trade, business, or hotel/lodging uses are also regularly breached by Airbnb activity, as paying guests on short stays take on the character of hotel or commercial lodging guests rather than residential occupiers.
Obtaining Permission
Yes, you should obtain written consent from the freeholder before proceeding.
If you rent it out on Airbnb without permission:
* The freeholder or managing agent can serve formal notice for breach of lease (Section 146 Notice).
* It can jeopardize your building insurance, as standard residential block policies rarely cover unapproved short-term commercial lettings.
* Neighbour complaints about noise, key safes, or unknown guests can trigger swift enforcement action by the managing agent.
2. Obtaining the Freeholder’s Direct Contact Details
You have a clear legal right to obtain the freeholder’s name and address. You do not have to rely solely on the managing agent’s discretion.
Statutory Right to Request Details (Section 1, Landlord & Tenant Act 1985)
Under Section 1 of the Landlord and Tenant Act 1985, as a tenant/leaseholder, you have the statutory right to request the name and address of your landlord (the freeholder).
* Serve a written request: Write to the managing agent (or whoever collects your ground rent/service charges) stating:
“Under Section 1 of the Landlord and Tenant Act 1985, I hereby request a written statement of the landlord’s (freeholder’s) full name and address.”
* 21-day deadline: The managing agent is legally required to provide this information in writing within 21 days of receiving your request. Failure to do so without a reasonable excuse is a criminal offence.
* If the freeholder is a company: If the response reveals the freeholder is a corporate entity, you can make a further request under Section 2 of the 1985 Act for the names and addresses of the company directors and secretary, which must also be provided within 21 days.
Checking Service Charge / Ground Rent Demands (Section 47 & 48, Landlord & Tenant Act 1987)
Under Section 47 of the Landlord and Tenant Act 1987, any formal written demand for ground rent or service charges must contain the actual name and address of the landlord. Check your most recent service charge invoice or ground rent demand; the legal address for the freeholder should be displayed at the top or bottom of the document.
Land Registry Search
If you want to bypass the managing agent immediately:
* You can download the Freehold Title Register directly from HM Land Registry online for a nominal fee (£3).
* This document will state the registered owner’s legal name and the service address provided at the time of registration. (Note: If it lists a corporate entity, you can cross-reference the company details for free on Companies House to locate registered director addresses).
Recommended Next Steps
* Check Land Registry / Invoices: Inspect your latest ground rent demand for a Section 47 address, or pull the freehold title register from HM Land Registry.
* Formally Request Details: Send a formal written request to your managing agent invoking Section 1 of the Landlord & Tenant Act 1985 to ensure you receive the most current contact address.
* Approach the Freeholder: Once you have direct contact, frame your request clearly: explain that you are seeking short-term consent for a limited interim period while marketing the property for sale, highlighting that you will maintain strict guest vetting and full insurance cover.

Freeholders are not able to over-ride absolute prohibitions in leases by granting permission. Yours prohibits it.

Hi Helen,

It’s worth separating two regimes here, because the thread’s only covered one of them so far. Your lease is one question. Planning’s a separate one, and it can bite even where the freeholder consents.

Which answer applies depends on which side of the border the flat sits. In Wales the Use Classes Order was amended on 20 October 2022 to insert Class C5, a dwellinghouse occupied otherwise than as a sole or main residence for 183 days or fewer, and Class C6, commercial short term letting of 31 days or fewer for each period of occupation. Shifting a C3 flat into either is a change of use that needs permission. England hasn’t got an equivalent class, so you’re back on the ordinary material change of use test, decided on fact and degree.

On enforcement, the section 146 point above isn’t quite the full picture. Section 168 of the Commonhold and Leasehold Reform Act 2002 stops a landlord serving a section 146 notice on a long lease unless you’ve admitted the breach, or the First-tier Tribunal or a court has finally determined it. Even then it can’t be served until 14 days after that determination.

OJ
Am I a Legal Landlord

Many leaseholders ignore what the lease says and Airb&b. I own flats in a number of blocks where leaseholders are doing this and they clearly advertise online. After years they have not been prevented by the management company, even though warning letters have been issued.

What does your Lease state about sub-letting or even letting out your leasehold property?
What does the block buildings insurance state about letting and/sub-letting/short term lets/holiday lets. You will have been given a copy of the policy every year, if not ask for it.

David- you’re saying the leaseholders are subletting. What does your lease express about subletting.
So the landlord named party in the leases is not performing its obligations under its terms.
As a fellow leaseholder you have a legal responsibility to report this situation to the landlord who must enforce the terms in the leases because of the prejudice you will suffer in terms of your right to peace and enjoyment of your property and the implications for building insurance and costs of repairs and maintenance in your service charge

1922 lease wording is very different from modern wording. If the lease permits use as a lodging house then that may cover AirBnB. It would be interesting to get the AI view on that (since no one likes paying lawyers for real advice these days).

However, the buildings insurance point is much more serious. You definitely don’t want to do anything that invalidates that, especially with water leaks and even fires happening regularly in blocks of flats.

Do check the planning situation as well.

Reply to the comment left by Kizzie at 04/11/2026 – 12:31
As I said management companies are aware and in one block short term lets are expressly forbidden by the lease .So it’s not a question of me having a legal responsibility to report, the management company is aware and solicitor’s letters have been sent to all leaseholders, but no further action seems to have been taken.
Your advise is appreciated which I will bring to the attention of management , even if they do nothing.