Tenant subletting to airbnb illegally

[Lea3271]

I have learnt this week that my house, without my permission, is being advertised as a holiday let on the airbnb.com website.

I have reported this to airbnb customer services and to the CEO and various members of the airbnb board, but the listing remains....so I'm seeking advice from anyone who's had success in resolving this with airbnb.

The house was rented, under a England "Assured Short-term Tenancy" contract to an individual.  The terms of that signed contract very expressly forbid any form of subletting, and were for the use of the home as the primary residence of that person only.

However, I have since learnt that this person provided fraudulent employment references, and has been illegally using my house as a holiday house let for 9 months.   Aside from the breach of the tenancy contract conditions, this “holiday house” letting is also in breach of local council authority property licencing conditions and is in breach of national fire and gas safety regulations.  In short, anyone staying in this property advertised on the airbnb website, is doing so illegally, and with grave risk to their health and safety.

A “cease and desist” notice in addition to an eviction notice have been served on the “tenant”, the London Metropolitan Police have been notified, and we have legal counsel working through civil actions spanning (but not restricted to) fraudulent employment misrepresentation, profits clawback from illegal sub letting, and property alterations and damage that far exceeds the tenancy deposit (evidenced from online review photos from paying guests and photos collected from my investigative team).  

At this point, my next step is to share this with a number of journalists - maybe some media coverage pressure will resolve the situation?

[Mike-And-Jane0]

@Lea3271 Your issue is with the tenant not Airbnb. It is the tenant that is acting contrary to their contract. Oh and by the way - The guests are doing nothing illegal - The host is and I am sure he will be evicted as soon as the courts get around to it.

[Lea3271]

Not quite true.  When airbnb do not properly verify a "host", they are putting guests (and indirectly property owners) at risk.  And in this instance, if it happens that airbnb did the right thing with verification, but have since been advised that documents supplied were likely fraudulent, the company should indeed be taking action.

Additionally, when 8 people are allowed to stay in a house that is licenced for only 2 (and does not have the fire doors or exits required for so many guests) lives are literally at risk.  Again, whilst airbnb cannot police the number of guests, the company should be taking action when this type of discrepancy is flagged to them by a genuine property owner (and the guest review comments).

You are correct that the guests are doing nothing illegal.   However, do you want to be the unknowing guest who has your holiday cut short when police and/or bailiffs show up to repossess the property?  Or to be stuck in a property that clearly isn't as advertised, or that isn't as safe as you'd assume it would be?   Tenant subletting without permission is indeed a problem that airbnb should be paying attention to - there are now multiple cases now of tenants being successfully sued, when this type of fraud is involved.  Perhaps it's a matter of time until a class action for negligence lands with airbnb....

[Marie8425]

@Lea3271 

Actually you have no proof that verification occurred or not.  The tenant lied to you.  Maybe he lied to Airbnb also.  Who knows what nhed submitted to Airbnb?  I doubt your contract.

[Autumn11]

This person knows NOTHING ABOUT AIRBNB and it shows ...

Never have I ever verified anything with Airbnb except my I d. ... So I don't know where this person is making up these grandiose claims... But I'm sure her " investigative team" gots it under control 🙄😂🤣👍🥳

[Lea3271]

Oh bless you.  I fear you've missed the point so let me be clear.  As an experiment, I just listed a random house, that I do not own, and do not have the right to sublet on Airbnb.  At no point during the listing process was I asked by Airbnb to verify my ownership of the property, or the tenancy of the property.  

So in my case, I have rented my house to a "tenant", who has immediately (and in in breach of her tenancy contract") sublet the property as a "holiday house".   Which legally she cannot do, thus the current police and court action. 

This shouldn't be possible.  Airbnb need to do better checks that the "host" of property is either the legal owner, or the appointed managing agent, This is the point.  (of course, I immediately deleted the listing after the experiment).

[Lea3271]

You are quite correct, it may well be that this person has been fraudulent with Airbnb as well.  In which case, when I flagged this with Airbnb customer service and the Airbnb CEO and board directors, I would expect them to be following up with the "host". 

I can see from the listing that the only verification on this "host" per the Airbnb site, is of the "host" email and phone number.  Not the host ID (as is the case for other listings). 

I'm not sure what you're doubting on the contract?  Our tenancy laws in the UK are very different to the different states in the US, but assuredly, I have a legal contract on this property that expressly forbids any type of subletting and restricts the number of residents that can live in the property.  And the licencing contract that this property is under with the local council authority is also legally binding. 

[Marie8425]

@Lea3271 

I have no knowledge of who is right or wrong.  All I am saying is asking a business to go your decision rather than wait for a judge to decide when you know a legal action is in motion doesn't make sense.  Airbnb is not the decider in this matter and if your documents or the Hosts are false a judge will decide.  Maybe in your favor maybe in the Hosts Airbnb also is not familiar with tenancy laws in your country so they are aware but because of your actions actually Airbnb has to protect themselves in case you aren't legally right.

By making the issue public for no corrective reason just to tell people your right.  You have created for Airbnb an inability to remove quietly based on a violation of their contract.  Any decision Airbnb makes now has to include the Host has a legal battle with you.  You are trying to force your opinion as the right answer by public shaming.

I have no idea who a judge will determine is right but if the tenant wins with your public posts if Airbnb takes any action regardless of you The tenant has lawsuit evidence Airbnb has to defend against.

There is no winning of legal issues by public shaming

[Lea3271]

It's an interesting view, thank you.

[Autumn11]

They don't verify anything. I've been hosting for 10 years...and where did u see pictures of damage from a review? That's a lie cuz u can't post pictures in a review...

[Lea3271]

Ah, the person who is having a bad day again.

The house that I own, has been listed on both Airbnb and booking.com without my permission.  This is in direct contravention to the legal contract I have with the "tenant" which forbids subletting.   Reviews for this house have not been enabled on Airbnb.  However detailed guest reviews on booking.com have helpfully included many photos that very clearly show damage.

Hope your day improves.

[Autumn11]

My days fine ❤️

[Autumn11]

Your the property owner, so LEGALLY YOU ARE THE ONE WHO WOULD BE IN TROUBLE FOR THE GAS AND FIRE SAFETY ISSUES.  if just people staying there is a grave risk to their health, **

Your "investigative team"?! Lol 

Oki doki magnum p.i.

**

**[Inappropriate content removed in line with the Community Center Guidelines]

[Helen3]

Please don't be rude @Autumn11 

You aren't familiar with ASL legislation in our country and it's outrageous for you to call @Lea3271  a slumlord because her tenant is illegally subletting her property for STR

in the UK there is different legislation and requirements for long term leases then there are for STRs.  Lea is meeting her requirements as a long term landlord . 

[Mike-And-Jane0]

@Autumn11 Short term rental fire safety laws in the UK are very different from long term rental fire safety laws. The former are far stricter because they assume a guest will not know how to open doors/access fire routes as they are only there for a night or so. Interestingly even a brand new property will generally not be fit for short term rental without modifications.