90 day rule & planning permission

[David563]

Can someone please clarify. Does this 90 day rule only apply to hosts letting the whole property (rather than just a spare room? As I live in the flat fulltime).

I'm also thinking of going travelling for a few months so would in future be letting the whole flat. Where do I apply for permission, is there a cost, and how likely is it being granted? 

Thanks David

[Gerry-And-Rashid0]

It is entire property only - when you are not resident there.

As for letting it out for a short while, when you are away - that would still fall within the 90 day rule - ie those days would be counted. However, it's very difficult to see how any council will enforce, or even gather information about the number of days you rent out  your property.

[Rowan4]

That is incorrect. Renting rooms does count towards the 90days. It is just that Airbnb do not enforce it.   I suspect neither do the councils....

[Daniel-and-Marsio0]

@Rowan4 Please state the source of your information, thank you. 

[Rowan4]

I got this info from :

Zhirong Li
Planning Officer
Development Planning

Growth, Planning and Housing

Postal Address: PO Box 732, Redhill, RH1 9FL

Tel: 020 7641 5288

After i received a slightly threatening letter from Westminster Council, i emailed Zhirong, and then finally spoke to her on the phone.

But i have found information on the .gov website indicating rooms do not apply.

Here is part of my email to Zhirong ( westminster council 😞

 Airbnb limits their 'entire home' listings to 90 days in London. And according to the various newspaper articles and on the https://www.london.gov.uk/sites/default/files/morebnb_jan2018.pdf  website,  Airbnb leads the way in respecting the London laws.   So I have presumed that by only listing through Airbnb I will stay within the law. 

Airbnb does not regulate room listings.  Reading on the government website, I only find examples of flats, not room rentals, and on the https://www.london.gov.uk/sites/default/files/morebnb_jan2018.pdf  website, it is stated that rooms do not apply :  

Quote: 

 “In order to address the issues raised and ensure appropriate safeguards, the Government intends to restrict short-term letting of residential premises to a maximum of 90 days in a calendar year. Restricting short- term use to no more than 90 days a year means that properties cannot be used as temporary sleeping accommodation on a permanent basis throughout the year, and any impact on local amenity is kept within acceptable limits.“4

However, this applies only to the renting of entire homes, rather than individual bedrooms.

Sorry for late reply Daniel and Marsio.  I am not used to these forum things...

Rowan.

[Jenny229]

Hi so if i change my  stays to 91 days i wll not have 90 day rule ?

[Daniel-and-Marsio0]

Bookings of 90* nights and longer do not count towards your 90-night limit. So, in theory, you could rent a place out 4 times in a calendar year at 90-91 nights each time, assuming you can get a booking which starts on January 1st - which is when the counter starts. This would be the most efficient use of your 365/366 nights (depending on whether it's a leap year or not!). Even if you managed 3 bookings at 90+ nights, you could use up any remainder of your calendar year with shorter bookings (to fill in any calendar gaps) because you STILL have an allowance of up to 90 nights of 'short-let' bookings available to you per calendar year... good luck with the maximisation of your calendar year allowance!

* To be on the safe side, try 91 nights as your minimum - just in case the Airbnb counter is 'sensitive'!!

[Rowan4]

this is her email:  zli@westminster.gov.uk

[Jannik0]

 Hi David and fellow friend,

I am making an update on my e-book on making more money as an Airbnb host.

I am considering including questions on the 90 day rule. But I for sure understand your concerns. I will be looking more into this fact and give a full elaborate on my view of the story. Until then I would recommend you keeping an eye on one of the worlds leading travel sites: skift.com - they do some really nice posts on subjects like this.

If you would like my e-book just reply this message and I will forward it to you 

[Val57]

Hi Jannik,

I found this post whilst researching online and was wondering if your e-book is still available, I would be interested. Does it have information for London Hosts? Thanks, Val

[David563]

Apologies for the slow reply - I've been ill. Thanks for the clarification and advice from all. Really appreciate it. 🙂

[Julia1]

Actually the requirement for planning consent to short let for more than 90 days a year also applies in theory applies to rooms although it is highly unlikely that any local authority would enforce it.  There are also issues relating to terms of a lease that might need to be considered if you are letting out your property unless you own the freehold and are mortgage free.

[Daniel-and-Marsio0]

Dear All

Unfortunately, the option to 'flout the local London laws' has been taken away from us because Airbnb have introduced the 90-night tracker thing, which has been placed on all affected listings. They are now blocking calendars when a particular property has used up their 90-night allowance. So, it won't be down the local authorities to enform their own regulations - Airbnb are doing it for them!

Good luck!

Daniel

[Jenny229]

Hi so if you have freehold and morgage free you dont have to have 90 rule ? thanks 

[Julia1]

No being mortgage free and owning freehold does not mean that you are not required to comply with planning requirements in London , the 90 day rule still applies.