Guest not leaving

[Hiten2]

Hello

I have a guest who had rented an apartment from 4th September he is with his wife and two very young children.  He was due to check out yesterday and has not, the reason being he has no where to go.  I am waiting a response/support from AirBnB but wanted to check if anyone in the UK had experienced something similar and how they addressed it or if any one had a suggestion

Thank you

Hiten

[Helen350]

@Hiten2 Your lawyer is talking rubbish! He does not know the facts. These vermin have NO rights, they booked for a couple of weeks ONLY! They are NOT TENANTS!

- Go and throw all their belongings into the street!  (You'd have to physically clear the place if you had NEW guests coming!)

Change the locks! WHY are you being such a wimp? 

- Or you could move in yourself.... And your family/friends  if you have any...... Take their sheets off, put yours on sleep there! - They can't get in the beds if you & yours are in them!

[Sarah977 · Accepted solution]

@Hiten2  From your post: "In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence."

These are short term guests- it isn't their "residence". If you go stay in a hotel for 3 days, is it your residence? They booked for something like 2 weeks- THEY AREN'T RESIDENTS. They don't "reside" on your property, they booked a short stay. . 

But if you don't boot them out quick, they will soon be there long enough to fall under landlord/tenant laws.

[Colleen253]

@Sarah977 "But if you don't boot them out quick, they will soon be there long enough to fall under landlord/tenant laws." 

Bingo.

. @Hiten2 

[Helen3]

@Hiten2  Do you have an update for hosts here who have been advising you? Are the former guests out yet? 

[Hiten2]

Hello,

I had earlier posted the following as a response to one of the messages on the thread:

Hello @Mike-And-Jane0 the electric ran out on Tuesday evening and after umpteen threats of police, council, press etc during Tuesday and Wednesday to which I did not respond or react on Thursday they left.

I think here it helped that the meters for all the apartments were in the communal area and also top up.

Feel a lot better then last week.

All the best to you and thanks for your thoughts

Hiten

[Cormac0]

@Hiten2 

Your solicitor advice is exactly the same  sort advice given to my cousin, and if you followed it like my cousin did, you'd have that filthy scum still living high on the hog at your expense. 

[Hiten2]

I would say I was lucky and his advise was that based on the law.  I would question all those who suggested to walk in it won’t work especially under the circumstances and the difference that Coronavirus has introduced.  If I had done than I would have found myself looking at a long wait.  As I said lucky on this occasion and happy as a result.

[Helen3]

Believe what you like @Hiten2 . His advice was not correct he was referring to those with tenancy rights NOT a paying short term guest who became a trespasser once his contract with you expired 

you are incredibly lucky the  trespasser left without you having to intervene in person. 

[Hiten2]

@Helen3 I have already stated I was lucky and feel it helps that my meters to all the apartments in the building are top up and in a communal area.  If as threatened by the guest the police/council did get involved I would refuse to top up and take it from there.

 The area is so grey but if I had a AirBnB community response in which circumstances similar to mine (self contained, two young kids and Coronavirus changes) in which someone had taken the guest out maybe my response would have been different.  However, it did not seem logical under the circumstances and my experience as a property investor which was validated by by solicitor comments.

To add I am not sure what the experience people have had with solicitors (or the letter of the law) but mine with Stanley is great he wins for me when needed.  His advise was a friend to a friend and did not incur any charges.

To add AirBnB were really helpful and initially also offered the guest alternative Accomodation to which he did not respond/take up.

I would not wish a similar circumstance on anyone but with hindsight my advise under similar circumstances would be work with AirBnB (in my case I had Marie from Dublin who was absolutely brilliant) but do not go in all guns blazing

Hiten

[Helen3]

Thanks for the update. @Hiten2 

I offer both STRs and LTRs so am very familiar with rights and responsibilities for both. 

Appalling to hear Airbnb were willing to offer this guest alternative Airbnb accommodation knowing they were trespassing at your place, rather than banning them from the platform 

[Helen350]

@Hiten2  You seem NOT TO HAVE LEARNT from this experience. You HAVE IGNORED all the above advice from UK hosts, especially @Helen3 , who know the score. (And the law.)

You say in the future you will work with Airbnb.... That is naive! Has this experience not taught you that Airbnb can & will do nothing to help?

- You have not grasped that STL "guests" PAY for a day or a few days, and that UK law does NOT give them tenancy rights to stay beyond the days they've paid for. If they are homeless, they have no more right to stay in an Airbnb free of charge, than in a hotel for free. 

Why do you intend NOT to go in all guns blazing if this happens again? Why would you happily let people stay for free in one of your places, potentially for months or years? - Could happen! Airbnb will do NOTHING to move them, if they want to stay.

This is a public forum. ANYONE can read this & now know they can live in one of your houses rent free, if they decide to!  - Aaaagh! I despair!

[Colleen253]

“I would not wish a similar circumstance on anyone”

Then hopefully you’ve warned  other hosts by appropriately reviewing this guest @Hiten2 

[Mike-And-Jane0]

@Hiten2 I am not sure Airbnb offering alternative accommodation would be seen to be helpful by the new host they would go to!

Anyway at least they are gone now.

[Colleen253]

@Mike-And-Jane0   “I am not sure Airbnb offering alternative accommodation would be seen to be helpful by the new host“. 

Touche. Doesn’t exactly inspire much faith or confidence in Airbnb does it? Well, except for @Hiten2 , it does. 😆

[Hiten2]

Hello @Helen3 and @Mike-And-Jane0  it was hotel accommodation so I am assuming emergency.  However, its a good point being made I will see if I can get clarity from Marie after she returns from her break.  If I get more news will share the details

Thanks