London 90 day letting regulation 2017

[Susi7]

Hi all,

So I've received the email today from AirBnB saying that listings will automatically be stopped after 90 days hosting due to the new regulation in 2017 for London. 

I rent my whole house out now and then when I'm away, and separate rooms when I am there. 

Do you know if the regulation applies to single lodging rooms (which would presumably fall under the Rent-A-Room scheme rather than whole home letting?).

Thanks!

Susi

[Dennis48]

I had a few questios on the implication on the new rules such as will other home-sharing and booking platfroms follow Airbnb's lead? What happens to Airbnb management companies/agents? Would this affect the Airbnb guest experience e.g. through eliminating stock and changing the brand of hospitality delivered?

Any thoughts and comments appreciated, 

Cheers, 

Dennis 

[Michael502]

I list my property as "apartment". It's a functioning apartment for airbnb  purposes,  but strictly, in terms of London property status, it's merely the top floor of the whole house in which I live (on the other two floors). 

These discussions (though v. useful) have got me confused. Does 1) the London 90-day restriction not apply to me?  And 2) is there any way I can get airbnb to accept my "dual status" - and so not apply the 90-day limit for a whole home?  Thx.

[Gianpaolo6]

Hi all

Why doesn't there appear to be any effort on behalf of Airbnb to challenge this legislation? Seems like that's the kind of thing hosts should be protected from. I seem to already have 90 days booked up for 2017 but it doesn't seem like the system is stopping the bookings so I'm confused. Will it be the case that come 2017, the booking requests will be stopped and the existing bookings will be honored?

Kind Regards,

Gianpaolo

[Michael502]

Hi Gianpaolo - Can you be precise? You have more than 90 days booked for 2017? I'm going to an airbnb meet tonite - my guess is they'll autostop your bookiings >90, but we'll see. No chance of airbnb fighting more, I think.

[Daniel-and-Marsio0]

Hi Michael

I had over 180 nights for 2017 pre-booked before the end of 2016.

Tonight, I suddenly saw on my listing that it has now reached the 90-night limit!

No email from Airbnb.

Also, implemented today strangely (4th January) not on 1st January. All very strange.

I wonder if this is this 'automated' - i.e. a computer decision, or, Airbnb staff returning from holidays and realising that I have already exceeded the new limited (without actually having accepted any bookings THIS year!)

Daniel

P.S. Did that meeting you attended shed any light on pre-existing bookings? I'm desperate to know. I've heard NOTHING from Airbnb on the subject... and it's critical to me.

[Daniel-and-Marsio0]

Hi Gianpaolo

I am keen to hear what will happen regarding pre-existing booking too.

So, if you hear any useful information, please share it here.

I already had over 180 nights of pre-existing bookings before 2016 ended, and like you, no-one was halting these bookings.

Initially I was under the impression that pre-existing booking would NOT count towards the limit for 2017, but now I'm not so sure as the remainder of my available calendar dates have suddenly been blocked...

Thanks

Daniel

[Liz109]

Yes - it's outrageous. What makes it worse is it only applies to London. Everywhere else in the UK can do 365 days if they want! Ridiculous

[Rachel12]

I went to the meeting in London last night about this and its clear that the 90 day rule is for every address regardless of whether you rent one room, two rooms or the whole property.

The law applies if you are a full time landlord with numerous properties or if you are on a low income renting your own home out to supplement your income.  And you can't get a more British law than that.

It became apparent last night that airbnb must have been paid off in some way to implement the 90 automated cut off as they will be taking a huge cut in revenue in order to implement this and didn't provide any answer when this was presented to them.

A few people in the room had applied for the relevent planning permission ( I think it is to turn your property into a holiday let but it wasn't clear)  They had been refused by their council.

Airbnb gave absolutely no advice whatsoever as to how to apply for this planning permission and it didn't sound like they would ever be addressing it.

I guess the situation is this - airbnb have made so much money in the last 5 years that I don't suppose a cut in their revenue will affect them greatly.

There were alot of very disgruntled people in the room last night.

I feel like I've been abandoned by them.

[Jon10]

Hi Rachel - and many thanks for your report of last night's meeting, which I was unable to attend.

I wonder if you'd mind clarifying a couple of points?

airbnb have been clear in their communications to date that they will support the 90 day rule only in so far as entire homes are concerned. 

I know that according to law, all paid-for temporary sleeping accommodation in excess of 90 days needs planning permission for a change of use, regardless of whether the accommodation is self-contained, private, shared, one room, two rooms, or a sofabed.

I would imagine that airbnb would have verbally supported the law last night as it was a public forum. But did they themselves explicitly state that their own 90-day capping of our properties on the site would apply to ALL types of accommodation and not just to entire homes? This would be a new development and would contradict their previous written communications on the subject.

When I rang airbnb last week, they told me that as I live in the house, and the apartment I let is part of my house, I would just need to move my listing to the private rooms part of the site to be safe from their new 90 day cut-off policy.

So I need to know whether they were just paying lip service to the law last night or whether they are themselves going to enforce the 90 day rule for every single listing on their site.

My other question regards planning permission. Mike (in this thread) who was also there last night, reported to me that there is zero chance of gaining planning permission in London.

I wonder if this is based on the anecdotal experience of the individuals who were there last night, who had been refused planning permission, or whether a senior airbnb representative had advised the audience of this fact, based on a larger body of knowledge.

Also, were any specific boroughs discussed? My property is in Lambeth.

Aside from being confused by apparently conflicting information, I, like you, feel unceremoniously dumped by airbnb. I am a fully badged-up superhost with 195 five-star reviews and a silly little red and yellow medal on my listing. I feel they have made monkeys out of all of us (and no offence to monkeys).

Thanks for you time, Rachel. Keenly anticipating your reply.

Best wishes,

Jon

[Jon10]

I have just spoken to airbnb for a second time, and have been told unequivocally that their own policy of capping at 90 days only applies to 'entire homes'. 

Best wishes,

Jon

[Gianpaolo6]

Anyone planning an e-action? Any campaigns being formed? I've spoken to HomeAway and they will NOT be implementing these limits. If you're starting a FB group please specify it's name..

Gianpaolo

[Daniel-and-Marsio0]

Hi Jon

That might be Airbnb's policy, but is that the law? Do you know if this has been clarified yet? I have friends who only do room rentals, and they are STILL uncertain as to where they stand with regards to the actual LAW, not just Airbnb's policy...

Thanks

Daniel

[Daniel-and-Marsio0]

Hi Rachel

Did that meeting you attended shed any light on pre-existing bookings (made before 1st January 2017)?

I'm desperate to know.

I've heard NOTHING from Airbnb on the subject... and it's critical to me.

Thanks

Daniel

[Ralph18]

So I'm going to get caught out by this as well. One thing that has occurred to me, when reading the airbnb email, is that they say that they will stop you taking more than 90 days worth of bookings unless you can confirm to them that you have permission. No indication that will need evidence that you have permission, and certainly no indication of what you'd need. 

So it seems like they're covering their backs, so they can show that they are taking the relevant steps, so if any guest does take more than 90 days, their hands are clean, and it's all on the guest. I reckon that an email / a form that's on record saying you have permission will turn off the 90 day cap, but then you're on your own if you get caught. So the next question, is who's checking this, and how much will they care...

Incidentally - does anyone know what usage you do need to have? Commercial sounds off?

[Zandra0]

@Ralph18 Commercial is spot on.  And that's why you won't get it ... no council is going to make the political error of turning residential property into commercial property in the context of the London housing market.

i expect Airbnb will need proof of your planning permission from the council and I imagine it will be someone's job to check these certificates with the relevant council.