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

[Daniel-and-Marsio0]

Dear All

I'd like to encourage Airbnb to offer more support / promotion to those London hosts offering stays of 90+ nights (long-term stays).

A special section on the website and apps to make potential guests (and the wider public) realise that longer-term stays are available through Airbnb and that you don't have to rely on the 'traditional' rental market for this type of accommodation.

The points of difference that Airbnb could promote include (this list is not exhaustive, please add your suggestions):

- Flexibility: 90+ nights means anything over ninety nights, but you don't have to sign up to a 1 or 2 year contract, ideal for business travellers, people in transition periods, or even longterm tourists!

- Safety: robust reviews, super-hosts status and clear listings with good photos enable potential guests/tenants to make a very well informed choice on where to stay, even from afar.

- Payout Confidence: for hosts, knowing that you will get paid regularly is very re-assuring.

- Deposit Freedom: for guests, knowing that you don't need months' worth of deposit up-front plus rental fees makes renting more affordable and attainable

Airbnb could be a progressive 'new' entity in the longer-term rentals market in London and this would off-set any loss that they will incur due to having to enforce the 90-night rule on shorter-term lettings.

Having changed my bookings parameters to allow only stays of 90+ nights (to comply with London regulations) I now need Airbnb to help by promoting that option so that I actually receive some bookings! Are you in the same position? Please comment and gives 'thumbs-up' if you agree...

Thanks

Daniel

P.S. "Stay Longer in London" / "Linger Longer in London" / "Love London Longer" / "Live London Longer"

[Rob143]

A view from the other side that might help your decision making. As with most central London properties the block of flats I live in has it's lease owned and managed by a limited company with every flat owner as a shareholder. I sit on the board of directors with the prime task to stop sub-letting (90 day plus letting is not an issue) and am able to use the 90 day rule as a deterrent. I can state clearly that there is no way whatsoever to enforce it. I have had meetings with the local council, who are responsible for enforcement, and they have neither the staff, time nor will to enforce the 90 day rule. Sub letting is unstoppable. The 90 rule is just a piece of unworkable, dead legislation. It is being used as a threat to the big boys like Airbnb ( I am a host myself) as they have to respect the 90 rule. But toothless beyond that.

[Sylvie4]

My problem is that we rent two rooms, bed and breakfast in our own home in London. We let both rooms together - a double for mum & dad, a single with bunk beds for the kids. Because we feel this doesnt come under the category of "Private Room" or "Shared Room" we advertise under "Entire Home". I know this is not correct as "Entire Home" should be a self-contained property without the owners living there, but when we advertise under Private or Shared - we get no-one !!!!! For the past 3 years we've been full every week throughout the year. We clearly state on the web-page that they are staying bed and breakfast, they can't use the kitchen and we are living there too. It has been no problem whatsoever and we are 5 star superhosts. However, now we've been forced to change our listing to "Private Room" and yes, you've guessed it, we have stopped having any views.

I've written several times to the CEO  Brian Chesky suggesting they add another listing category of "Bed & Breakfast" or "Homestay" which would be exempt from the 90 day rule (Google him for his email) and he has forwarded it to his technical people, but they don't listen. We should now all make this suggestion to him and perhaps he will listen and see the sense.

[Mira22]

Almost the same with me. I live in a house which has technically been converted to two flats - I live upstairs and now have my own front door. My sister's flat is downstairs and since she moved out of London, wanted to rent it out on airbnb as she still comes back to London at least a couple of times a month. So a long-term let is not an option. We've now changed the listing to private room and from going to being fully booked from April to August (aside from when my sister stays), we have zero bookings after that and since the change was made!! I do hope that Airbnb will adapt their policy!

[Marnie16]

We have a detached triple garage on our property with a roof space above that has always been used as a recreation space and somewhere for family to sleep when visiting. When it was built, nine years ago, it was subject to certain restrictions to prevent it from being converting into a residential dwelling e.g. the height of the ceiling in the garage space would prevent conversion to a permanent dwelling. The plans were all passed and the building signed off as meeting all regulation including fireproofing etc. to ensure the safety of the first floor space. We have recently been letting the room above the garage through Airbnb (75 days in total during the past 12 months). A few days ago we received an email from our local planning officer (why not a letter? - strange!) stating that there had been an allegation from someone that the building did not conform to the plans as it was now being used as a Bed & Breakfast. We don't agree as it is not a "dwelling" or "residence" as it is only used for short stay lets up to 90 days per year. However, we have come to realise that maybe we need to have it assessed for council tax but again are not 100% sure where we stand on this. Any advice on both counts would be much appreciated. 

[Jim247]

Can I reregister my property using different host names, slightly different addresses, different map locations, etc., to make my property look like different properties in order to get around the London 90 rule? Does Airbnb monitor for this? Do they even enforce it?

[Judith288]

Hi

I have been contacted by my local authority to warn me that renting my room out (a double room in the loft of a converted garage, with it's own separate entrance) breaches planning control and that if I don't stop letting it then I may be prosecuted. I was also told that I would be unlikely to get planning permission. I am therefore removing my listing, therefore cancelling the bookings I already have. Such a shame as the accommodation is very popular in our village and causes no problems to anyone. I was told that the decision was bassed on case law, relating to problematic cases in cities like London. Seems ridiculous but I would rather not risk it.

[Sally371]

Does the 90 day rule apply outside of London. We live in Cornwall and rent 4 rooms in our home. We also live in the house. I can’t get an answer from Abnb they just fudge their responses.

[Daniel-and-Marsio0]

@Sally371 No, this silly rule only applies in London and some other big cities around the world.

[Evangelos4]

In Greece, I can rent my house for a maximum of 90 days BUT if in those 90 day I haven't reach the amount of 12000 euro, then I can continue renting, more than 90 days, until I have reach 12000. 

[Bridget104]

And Cambridge UK it seems- see my comment below

[Rowan4]

Sally, I rent 3 bedrooms in central London through Airbnb.   You are very right about them fudging the question, but eventually I got an answer to your question, which is that individual rooms do count towards the 90 days. ... unfortunately.  I have written to ask them why they do not limit them on their website. ( waiting for reply) I think they have made a show of observing the law, and endless articles mention this, but they are leaving riggle room for hosts. Like you, this has massive implications for my annual income...

[Julia1]

Roman, I think this is partly because no council knows how they could enforce the planning consent requirement in relation to individual rooms rather than whole properties.  The North East London borough I live in are actively supportive of Airbnb and encourage hosts to get their guests to visit local attractions to bring money into local economy.

[Daniel-and-Marsio0]

@Rowan4 Where did you get this information from please? It is contrary to all the research I have done. As far as I know having ‘lodgers’ has never been illegal (even if long-term) and these days HMRC even provides a £7500 per year ‘rent a room’ tax allowance for income derived from such activity. 

[Rowan4]

Lodgers staying longer than 90 days are fine. We are talking about short term lets. ( Tourists). I got it after repeadly asking Airbnb whether individual rooms count towards the 90 day limit.