Guest wont leave uk

[Simon758]

Hi ive a guest that stayed through airbnb and now won't leave.

She wont answer her door,phone or text and  is claiming i wont take rent from her!

Ive been to the police but not interested as its a civil matter...what can i do?

[Anonymous]

@Simon758  Do you have a key to the door? 

If the check-out time has elapsed, the guest is now trespassing and you have a right to enter the room.

[Stephanie]

Hi there @Simon758 ,

Thanks for taking the time to share this with the CC. I would strongly urge you contact our customer support team and this is a Trust and Safety issue - you can find a suitable method via this link: Contact Us. 

Many thanks,

Stephanie

[Simon2448]

Hi Stephanie

I have a situation that I'd really appreciate your advice on, I've rented an airbnb near my home while I have the builders in, I invited my girlfriend to stay after I'd moved in but she's locked me out and is refusing to leave, she has the only keys that were given to me when I moved in.

I'm really worried that the owner is probably going to be less than understanding, my girlfriend was not listed as a guest so, having now read some of the other posts, it looks as if I've broken the booking rules.

Does my girlfriend (lets call her ex) have any rights to stay or is she trespassing?

Many thanks

Simon

[Mark116]

@Simon758   I've read that sometimes police have misconceptions about airbnb and they think it's like dealing with a long term tenant, but unless the law is very different in UK, trespassing is a criminal issue.  If you don't get any help from airbnb, you need to recontact the police and let them know that this person is not a legal tenant, and never was, but was staying at the place for a short term and now refuses to leave and is a trespasser.  

[Helen3]

the police wouldn't do anything here it is civil matter unless a court order for eviction is in place in the UK

[Branka-and-Silvia0]

@Simon758 

Read Airbnb TOS where it says if the guest overstays for every 24 hours or any part of it he will be charged double daily price.

Contact Airbnb and see if they can charge her or her credit card is empty.

You have a key so wait until she goes out, change the lock, and put all her thing outside. Then let her know where her things are.

Let us know what happend, I am sure many hosts would like to know the outcome.

[Simon758]

Hi thanks for your advice.

Shes threatening legal action if i change the locks (as that is classed as an illegal evexiction in the UK).

Thanks 

[Jennifer1421]

@Simon758How long did your guest book

As @Branka-and-Silvia0 said, this is directly from the Terms of Service that your guest agreed to by booking your listing through Airbnb:

8.2 Booking Accommodations

8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Airbnb (via Airbnb Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.

Do not let your guest try to fake you out with threats. She is trespassing.

Perhaps send the terms to your guest via the message system, then contact Airbnb to start charging her for the overstay and to begin contacting her to get out. As also suggested, change the locks when she leaves for the day. If she threatens you with legal action, tell her to get busy filing a suit.

[Jennifer1421]

Just to add, @Simon758 

I'm not sure how jurisdiction works in the UK. In Canada, trespassing is not "criminal" but it is an offence under our Provincial laws, which the local police enforce. Since our law is based on English law, it's likely similar.

I did find this, from here from a website called inbrief.co.uk

Criminal trespass

Since 2012, it is a criminal offence to trespass in residential property, effectively criminalising squatting. Under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 it is an offence for someone to be in a residential building as a trespasser, having entered as a trespasser; and that person knows or ought to know that they are a trespasser; and they are living in the building or intend to live there for any period.

[Huma0]

---

@Jennifer1421 wrote:

Criminal trespass

Since 2012, it is a criminal offence to trespass in residential property, effectively criminalising squatting. Under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 it is an offence for someone to be in a residential building as a trespasser, having entered as a trespasser; and that person knows or ought to know that they are a trespasser; and they are living in the building or intend to live there for any period.

---

That is not relevant to a guest that booked via Airbnb because they did not enter as a trespasser. 

[Mark116]

@Simon758   Are you sure?  How long was this person in the unit?  I know here in the U.S. a person cannot claim to be a 'tenant' if the stay is less than 28 days, so regular rules of eviction don't apply, e.g. you don't need a court order to have the police evict them.  But, if the person is a long term tenant of a few months, you may have a problem.

[Simon758]

Hi Mark, yes unfortunately...I've spoken to solicitors and they don't want anything to do with this, as such a 'grey area of the law' and Airbnb have not given me any advice.

Thanks

[Chris232]

@Simon758 

Simon get in touch with these people, they will be able to help you out as they specialise in this "grey area of law"

https://www.landlordaction.co.uk/

[Petra327]

@Simon758  You will want to speak with a barrister but in this country a sort term tenant is not considered a tenant and if they don't leave your home when asked they are trespassing and police are supposed to make them leave.  

I live in Arizona and just had to cancel a reservation because a guest was shooting porn in the space.  The police escorted him out.