Access to our Airbnb

[Kay1980]

Hi all.  We live next to a working farm and to get to our house (and airbnb annex) we travel down his private drive/track, ¾ mile.  Obviously we have legal access/right of way to use this track to get to our property (as stated in the deeds of our house).  Since posting my Airbnb online, our neighbour (the farmer), has sent us a letter from his solicitor informing us that we have no right to use his track for our 'Holiday Let'.  I can't find anything online to suggest who is in the right and thought I would ask here before consulting a solicitor.  I am sure that there is a difference in a 'Holiday Let' and an 'Airbnb' as we are not working as a legal business.  Have any of you come across this before?  Many thanks

[Mike-And-Jane0]

@Kay1980 I doubt there is a difference between a holiday let and an Airbnb as both are effectively businesses. There may however be a difference if the holiday let qualifies under the rent-a-room scheme (basically you would need a connecting door inso the annex. I fear you will need a solicitor to determine if the farmer is right. If he is then you need a discussion with him to see if he will allow access in return for a small payment. 

[Shelley159]

Hi @Kay1980 

I wonder what the reason is for his complaint. Are the guests possibly disturbing him in some way while they stay over, or do you get the feeling that he doesn't want too many cars using the road? If he feels that his upkeep of the (gravel?) road may be more costly, perhaps you can settle it by contributing some reasonable amount from your Airbnb profits, or by helping to maintain the road in some way.

[Kay1980]

We have had no guests as the listing had to be taken down as requested by the solicitor (2 days after it went live).  I have another property on my account which is not the one I’m referring 

[Helen3]

Hi @Kay1980 

If you provide a service that people pay for whether you call it a holiday let or an Airbnb you are running a business.

Did you check with the farmer before setting up your holiday let business to see if he would be happy to let your holiday makers use his track?

It sounds like the farmer is correct so you may need to negotiate a fee for using it for your STR business.  I would seek legal advice.

[Mike-And-Jane0]

@Helen3 I am not sure I agree with your definition of a business. I would argue that renting a room in a house is not a business. I'd be interested to know how a business is defined when the word is used in house deeds. Google here I come......

[Marie8425]

@Mike-And-Jane0 

I rent rooms in the U.S. since Airbnb does inform the IRS they are passing income to me.  At least in the U.S. I have to report that income as self employment which to the IRS self employment is a business no matter how I generate the income.  

[Kitty-and-Creek0]

@Mike-And-Jane0 

Hmmmmm.....Don't know about laws there, but here in the US it is a business per our insurance company, the IRS and the local government that permits and regulates us. They also impose a "bend tax" which must be collected and remitted. When we do our income taxes, there is a form for the STR business where we declare income and expenses. Our laws here are based on English Common Law so there may be similarities. 

[Kitty-and-Creek0]

@Mike-And-Jane0 

Bed Tax!

typing is wonky these days - carpal tunnel surgery 2 weeks ago today, and AI doesn't like being corrected!

[Helen3]

Hi @Mike-And-Jane0  @Kay1980 is offering a four bedroom detached bungalow. Not a room in her home 🙂

Calling a detached house an 'annex' is somewhat of a misnomer 🙂

There are lots of definitions of a business but most would agree that it is something like  'providing goods or services to customers in exchange for money, with the goal of becoming profitable'.

In which case whether its offering a room in your home, or a ten bed mansion, if you are looking to profit from running an STR you are running a business.

[Mike-And-Jane0]

@Helen3 Oops - I didn't bother actually looking at the annex!

[Kay1980]

The listing of the annex was taken down as asked by the solicitor of  our neighbours so you are unable to see it listed obviously! I have a holiday cottage listed which is in North Wales, the one which is showing on my acct.  Please don’t presume, just ask…

[Helen3]

Or you could have clarified this in your initial post 😀 @Kay1980 

[Kay1980]

@Mike-And-Jane0  and @Helen3   I had to take the listing of the Annex down as requested by the neighbours solicitor (3 days after it went live) so you are obviously unable to see this listing.  I have another property in North Wales that @Helen3  is referring to

[Kay1980]

…