Who is allowed to list their flat as an AirBnB?
The Foxbrush team recently had the unpleasant duty of informing one of our clients that their flat in a building we manage was being illegally sublet as an AirBnB. But what makes this ‘illegal’? And when can you rent out your flat on AirBnB?
If you are renting a flat, then letting it out to anyone else (on a long- or short-term basis) will almost certainly be forbidden by the terms of your rental agreement. Putting it on AirBnB is ‘illegal’ because you are breaking the terms of that agreement. But, if you own the flat, the situation can be more complex.
As well as the legal considerations, do spare a thought for your neighbours
As a flat owner (a.k.a. leaseholder), the rules about what you can and can’t do are set out in a document called the lease, which is a legally binding agreement that you accepted when you bought the property.
Many modern leases will explicitly forbid holiday lets or other short-term lets like AirBnB. But prohibitive wording also exists in many older leases too. Have a read through your lease and look out for any of the following:
A ban on using the property for business purposes
A requirement to only use the flat as a private residence
A restriction on subletting the property unless you have consent from the freeholder
A ban on subletting, except to long term tenants
As well as the legal considerations, do spare a thought for your neighbours: many residents do not want their block to be used for AirBnB. The large number of different people coming and going changes the character of the building, is a security concern, and increases wear and tear on the common parts (for which they have to pick up a share of the bill).
If, after reading your lease and speaking to your neighbours, you still aren’t sure whether AirBnBs are allowed, we would always recommend taking professional advice to avoid potentially serious consequences later.