3rd Party let not paying any rent on the property

[Richard2981]

I have 3 properties in Peterborough England, however I have a 3rd party who lets the property AIRBNB they have been given notice to leave as they have not paid. What can I do

[Mike-And-Jane0]

@Richard2981 its really not clear what has gone on here. Who is the 3rd party, how long has the guest been with you, is the guest using all 3 properties? was the gust on holiday or do they not have another home to go to?

[Richard2981]

@Mike-And-Jane0 Basically we set up with this 3rd Party and he ran them through Airbnb and also Booking.com. He lets them out for short term. He was paying us but as of last October we have received nothing from him and we are now owed £14k +. We have given him notice to quit in the middle of February and to hand the keys back to an estate agent we use. However we are under the impression he is still taking bookings. We have employed a solicitor who has given us some advice. There is also a small matter of possible immoral earning's  involved but that is for another day. We want to take back these flats. Cheers

[Mike-And-Jane0]

@Richard2981 Assuming no one is living in the flats I would think you can just repossess  them and change the locks. Airbnb and Booking.com should be informed so that they can cancel any bookings but in all likelihood they won't do much as they do not know you from Adam. It may take a few guests being turned away to get Airbnb to do anything.

[Helen3]

Why would you wait until February to serve a notice to quit if he hasn't paid rent from October ? @Richard2981  . As a landlord I would have served a section 8 in November. 

Were you aware when he took on the rentals the tenant was subletting for short term rentals? Presumably the assured tenancy has a no subletting clause? 

if you weren't aware and there is a non sublet clause - you can sue for the income generated as well as unpaid rent. 

you will need the eviction to go through the courts and if he still doesn't leave you need to get a judgment served by bailiffs to evict. 

your solicitor will I'm sure be advising you about the process. 

have you reported the tenant to Airbnb and BDC? 

[Frances3408]

@Richard2981. Take your solicitors advice and reposess the properties asap then worry about suing for unpaid rent etc. Its unfortunate that upcoming guest bookings may be inconvenienced but your solicitor has probably told you that you have no contract with them, only the 3rd party, which is now in breach. The 3rd party host and associated bookings will be dealt with by Airbnb and booking.com as their responsibility as @Mike-And-Jane0 states.

As a landlord I would never allow sub letting in any lease as the risk is all on you to getting paid.

When its all sorted consider becoming a host yourself. There are quite a few very experienced London based co hosts who would do a better job, be fair and ethical. Some post here regularly.

Good luck.

[Frances3408]

@Richard2981. I meant to say English not just London co hosts.