Tenant subletting

[Sue2543]

Our tenant in London is subletting our property on Airbnb against his tenancy agreement- what is best course of action?

[Joan2709]

@Sue2543 

You will have to take legal action against him to evict for breaking the lease. Unfortunately, Airbnb will not assist in these disputes. 

[Helen3]

Well they will remove the listing. - although people have complained they are slow to do this . @Joan2709 

[Joan2709]

@Helen3 

That's good to know!

I have only heard from other Hosts that Airbnb would not assist them and remove the listing. It is definitely worth notifying Airbnb then @Sue2543 . If this is a whole home listing, then I would check other platforms to see if he illegally listed there as well (Vrbo, booking.com, etc.).

[Helen3]

1. Presumably you've already contacted the tenant and advised him to stop. I would also take a screen grab of the listing and use that to serve them with an eviction notice

2. contact Airbnb and other sites they maybe listing on and ask them to remove the listing 

3. tell the tenant you will be suing them for any income they have made from STRs . 

@Sue2543 

[Sue2543]

Thanks, I wonder how successful suing for the income they have made is?!

the only good thing is that our property looks in good shape.

[Helen3]

Your solicitor should be able to advise on this @Sue2543 

[Joan2709]

@Sue2543 

@Helen3 has some great advice. I definitely would keep screen shots of all the listing info so you have proof this tenant was listing illegally on Airbnb. When you send the cease and desist letter (after consulting an attorney), be sure it is sent certified mail (or the equivalent in the UK). Hopefully you'll then receive proof they received the letter.

Also, if you did a background check, you should have this person's employer info? I would contact their employer and advise he is fraudulently listing your property on Airbnb.

[Mike-And-Jane0]

@Sue2543 

The only real action is to evict him.. No fault evictions are still allowed and should be quicker than the courts.

You could also make the life of the tenant harder by reporting to the Fire Service that it is unlikely that the property complies with the Fire Risk Assessment rules. I doubt he/she has a fire risk assessment.

2nd idea - What is the Airbnb cancellation policy for the listing. If it is possible then book a couple of weeks yourself and then get a free cancellation.

[Paula]

Hello @Sue2543,

Have you had the chance to read the suggestions from our hosts? Have you taken any steps based on their advice yet?

Please keep us updated.

[Sue2543]

Have contacted him and thanks for all your comments. I would have thought Airbnb would also deal with him, as it is illegal in his tenancy to sublet

[Helen3]

No he's your tenant and your responsibility to deal with him if he breaks the terms of your lease . @Sue2543 

All Airbnb knows is that he set up a listing. When he does so he has to sign up to say he has authority to do so. 

what they should do is be quicker to remove listings where owners show they are being sublet illegally.

what sort of checks and referencing did you carry out on him as a landlord. 

did you carry out employment and credit checks , previous landlord references etc @Sue2543