hosting and lease

[Daniel949]

Hi,

I need advice please,

My mother owns an apartment(leasehold) in a block of twelve,she rents out a spare room through air bnb,approx 50days a year, she resides in the apartment as her main home,and has become a superhost.She has been doing this for Thirteen months and really enjoys the social side and meeting the guests.

A leaseholder within the building has becomes aware and wants her to stop.

The lease agreement states that the Lessee must not assign,sublet,part with possesion of,or charge part only of the apartment.

Does this mean she will have to stop?Is there a loophole we can expose?

Any advice or direction where to take this would be greatly appreciated Thanks

Regards Dan

UK

[Cynthia-and-Chris1]

@Daniel949 Nope, she’s in violation of her rental agreement. She must stop. 

[Daniel949]

Thanks for your prompt reply.

Could she push it for a couple of months until the warnings get a bit more serious?

No written warning yet.

She's only just been rumbled and she has a few months of bookings to fulfil.

[Marzena4]

@Daniel949 But I would advise taking the listing off so as not to accept any further bookings. 

[George0]

I She needs to renegotiate the lease, otherwise she is in clear breach. I’d sugggest on the basis of being a good tenant & for her to remain that she can only afford to do so with supplementary income deriv

ed from Airbnb. Find out specifically what the problem may be ie complain

[Daniel949]

Hi, 

She owns the apartment,only one other leaseholder has complained and he doesn't even live there(it's personal)

the issue is security with the door entry code.

Mum's apartment can be entered through a seperate gate and garden which can get around this issue.

Within the block other lease holders aren't too fussed,many didn't or don't know because of minimal disruption.

She has loved the whole air bnb concept and has given her a new lease of life,this situation has devestated her.

thank you for helpful advice.

Kind regards

[Daniel949]

Just a thought........ Could you list your accommodation for free, then charge £40-or whatever price you charge(donation), for the breakfast and cleaning.Would this get around the wording of the lease?

There's got to be a loophole somewhere.

[Susie5]

Hi again @Daniel949, it just occurs to me - this person who is complaining but doesn't actually live there - is he renting out his place, and if so, isn't it possible that HE is in violation of the lease rules?? That would be so ironic!

[Daniel949]

Hi Susie,

He sub-lets with long term-ish,tenants, 2-3 years at a time with permission from managment company and the tenants having to sign a rental lease very similar to the apartment owners lease.If the procedure set out in the owners lease has been followed correctly in this case I'm not sure,but I don't want to stir up a Hornet's nest as sub-letters are not a problem to us.

Live and let live...........and the owner is a 'Freemason!' 

Listing will be taken down and probably relisted next season more discreetly,things will have died down and his attention will be elsewhere. If he then starts again then I will look into his affairs.

The profile picture is cake mix just after the electric mixer blades have been removed.

It's my google picture not sure why it posted in this forum,slighty spooky looking ,my air bnb picture is of me.

[Susie5]

@Daniel949, you need advice from a UK lawyer.  No offense to my fellow hosts, but most of the hosts here will have limited understanding of the leasehold concept which doesn't exist here in the US.  This is not like a condo or a rental unit in the US.  It's a completely British legal invention which goes back centuries and is very quirky. Daniel, Good luck!

PS what is that odd thing in your profile photo?? It might put off some people... FYI.

[Ric11]

Hi Daniel 

UK here as well. 

As above, if he doesn't live there then what's the score with him? 

This whole rule on sub letting is stupid when the UK government wants spare rooms to not sit free and to have someone in. Hence the spare room tax on council properties. 

I see what you are saying about making it free and charging breakfast etc but this isn't really possible. Definitely not on Airbnb. 

Personally I would say delist it for a few weeks until it's died down. Then relist it again.  No formal letter yet from management company so if it's delisted and they do a search then they won't find anything. 😉 

[Daniel949]

Hi Ric,

The guy is a toss pot,he's got crap parking spots with his flat,tried to pressure my Mum to let his tenants use her space/spaces but she said no(she doesn't drive........He didn't like that,so hence the situation now.

It's been de-listed.......like you say,let things die down.