Letting flats on airbnb has triggered the council with threats!

The planning system requires permission to be obtained for a “material change of use” in a property if you’re planning to rent out a property as a holiday home and if you let your property for a series of short periods that add up to more than 90 nights during any calendar year.

You also need planning permission if you are not liable to pay council tax on the property you are letting out on a short-term basis as the studio flats should have been on business rates and not council tax.

Some areas have stricter planning rules than others. It seems your area falls into the stricter category.

If you are doing airbnb lettings no more than 90 days, nothing will likely become of the councils enquiries. But you should complete the questionnaire and not ignore it.

The Council letters are always worded aggressively. Don’t ignore it! Just explain they are short term let’s under 90 days and exempt planning permission or change of use. Ideally give UK Gov / Local Council references that support this. Be polite in your response. Don’t expect a reply to your letter though, they only respond if they need further info or intend to prosecute. Yes very rude and unnecessary!

Not rude at all. Just a letter to gets some facts from you. Are you breaking the law or not. Stop being such a Karen and answer the questions

Unfortunately looks like you didn’t do your homework and you’ve been caught out, there are many regulations applying to serviced accommodation that do not apply to residential lets. If you want to continue then make sure you get the correct items in place. For example there are new fire regulations specifically aimed at the sector.

I wouldn’t be suprised if someone complained – especially about Airbnb in a block mixed with other residents. Nice to see the council acting correctly for a change.

From their website:
‘Houses in Multiple Occupation
Private sector housing licensing cannot be applied to short-term holiday lets. The Housing Act 2004 sets the framework for licensing Houses in Multiple Occupation (HMO). To be covered under an HMO licensing scheme the property must be the occupiers’ only or main residence. Therefore ‘party houses’ and short-term holiday lets do not come under the licensing provision.’
So you can’t have it as a licensed HMO and also as short term holiday lets. It makes sense really. Would you want to live full time in a room next door to a holiday let?
See https://www.brighton-hove.gov.uk/planning/planning-policy/short-term-holiday-lets#:~:text=You%20might%20need%20planning%20permission,if%20you%20need%20planning%20permission.

Reply to the comment left by Guaranteed Rent Specialist at 01/08/2023 – 10:59
It doesn’t look like the under 90 days rule is relevant since the OP states that the building is a licensed HMO and the council website states that this precludes holiday letting. It could be a case of choosing one or the other for the whole building – no mixed use. Permission needs to be sought to switch to short term accommodation rather than a licensed HMO/residential use.

Reply to the comment left by Crossed_Swords at 03/08/2023 – 11:43
Thanks for the tip. All items are in place because I’ve been running a holiday lettings business for many years, but not in Brighton. The threatening letter is what I find offensive suggesting a £5000 fine or 2 years imprisonment. Whereas they could simply ask politely if there was a change in letting periods. They have all my details already as I’m a licensed HMO. It’s bullying and unnecessary and these public servants need to be reminded that they are employed by us, the public not the other way round.

Reply to the comment left by GlanACC at 03/08/2023 – 16:12
This is the norm in Brighton mate!