An eviction notice is served on older tenants EVERY 16 minutes – Shelter claims
3 years ago | 21 comments
Problem with AST when it’s an Airbnb?
9:25 AM, 11th September 2023, 3 years ago
17
Hi, I wrongly used an AST in an agreement to allow someone to use my property as an Airbnb. She is not resident there and signed the agreement as xxx trading as xx – a business.
Does this make the AST void?
I would like to end the agreement as I cannot get her to accept a commercial style contract.
What should I do?
Thank you,
Mo
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3 years ago | 13 comments
Member Since September 2023 - Comments: 7
12:08 PM, 11th September 2023, About 3 years ago
Reply to the comment left by Judith Wordsworth at 11/09/2023 – 11:48
The tenancy doesn’t go periodic, because it’s not an assured tenancy, so I agree with you that its just an at will commercial tenancy – so I think I can just issue one months notice
Member Since July 2013 - Comments: 754
4:24 PM, 11th September 2023, About 3 years ago
Is your current eviction specialist well versed in commercial contracts as well as AST’s – I’m just wondering if their expertise is wide enough to cover your situation? If not, I suggest you take Tessa’s advice above, as ‘eviction’ may not be the solution you’re looking for.
Member Since September 2023 - Comments: 7
4:39 PM, 11th September 2023, About 3 years ago
Reply to the comment left by Freda Blogs at 11/09/2023 – 16:24
I started to wonder that – slapping on a section 21 doesn’t seem right if its not assured so I have taken Tessa’s advice and booked a phone call with one of the recommended solicitors. Would like to thank everyone for their help- I was almost sick with worry but I now feel a lot more optimistic- fingers crossed
Member Since September 2023 - Comments: 7
12:46 PM, 14th September 2023, About 3 years ago
Reply to the comment left by Maureen Ellis at 11/09/2023 – 10:15
Sorry – thank you for the advice. David Smith was very helpful – assured me that the AST was invalid and that I could proceed with eviction. I just hope they don’t challenge me in court.
Member Since August 2016 - Comments: 508
1:31 PM, 14th September 2023, About 3 years ago
Why not instruct him/his team to represent you? You may well find his fee well spent as he will not get worried or flustered in what can be an intimidating place? Generally, Judges have much better manners now but they are not all sweetness and light!
Member Since October 2020 - Comments: 199
8:20 AM, 16th September 2023, About 3 years ago
It’s not an AST because that is only for someone’s main residence, the fixed term has ended, so it’s an at will commercial tenancy. As you have been accepting rent after the end of fixed term, you won’t be able to claim double rent for stay beyond the notice.
Member Since October 2020 - Comments: 199
8:27 AM, 16th September 2023, About 3 years ago
Maybe contact AirBnB with documents supporting the claim the leasee has no right to use the property in that manner (AST clause that says no subletting). If you can convince them to pull the ad/stop bookings.