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?

[Mark116]

@Simon758   More details will help, there are tons of UK hosts who might have some strategies for you but I think we'd need to have the basics of how long, any contract, security, behavoral issues, etc. and I am surprised a solicitor would refuse to assist you, the law isn't that grey now that there are so many laws governing STRs.  

[Jennifer1421]

@Simon758 

Please correct me if I'm misreading what you've posted about this situation:

1. Guest booked for an unspecified amount of time through Airbnb;

2. You and guest agreed to allow her to stay for a further 2 weeks. Reading between the lines, it seems that this was not done through Airbnb, but a private arrangement, where she gave you the cash.

3. The 2 weeks elapsed, and when you went to clean the room, she was still there, did not give you any further rent, and suggested that you were incorrect about the further length of time she paid for. You did not insist on her vacating the premises at that time. She continued occupying the room without paying for an unspecified time.

4. You made personal contact with her last Saturday. She refused to pay and you simply left her there without any action, other than to suggest she should "probably" move on.

5. You've received a rambling message from her, off platform, basically saying she's not moving out, not paying you, and there's nothing you can do about it.

It seems that you stitched yourself up at point #2. Once you accept a private arrangement, Airbnb will not (and shouldn't) offer you any protection from overstaying. I would think that the only remedies open to you now are through a civil route. I'm unclear as to what UK laws are regarding trespass/squatting/tenant rights, and where this situation falls amongst them.

In my mind you have 2 options at this point:

1. Enter the premises, with a witness (a police officer if at all possible), remove her and her belongings, change the locks and let the fallout begin; or

2. Follow your solicitor's advice and begin the section 8 court action (whatever that might be) without delay.

What a terrible mess.

Best of luck.

[Coral1]

There is a thing called squatters rights which is a very old antiquated law but still exists in certain countries. 

If that is the case and depending how long she has already been there for you may have real troubles getting her to leave. 

In saying that though she needs to leave sometime for food, toiletries etc and when she does you need to be ready with bags and boxes and a locksmith in hand. 

But make sure both front and back foot locks are done so she can’t find a way in and do malicious damage. 

What a nightmare and some girlfriend. 

Goid luck. 

[Coral1]

makes me wonder if either of these women work or have  families? 

Perhaps gypsies. 

[Fariba11]

Hi 

I have got a guest since March 21. He was very   Interested in to live for a year. But from the beginning  he has some issues with Airbnb in terms of payment system. 

Therefore, he paid me in April  directly.  Then Airbnb terminated the contract with the guest and asked me to check out him instantly. Before  telling him he had to  leave in April,  he paid  me the rent of May. So I told him he should leave end of May. 

Now he rang me and was very hysterical  and rude and  threatened me that  I have to give him 2 months  notice  by law  and he is not leaving by the end of June. And I must not go to the flat. He also said, he will pay me £250 less be cause he got a parking fine. 

On the other hand Airbnb  do not communicate with me and no support or no advice. 

Please if Airbnb  forces read my issue. Contact me and  advice me to solve the issue amicably  because Airbnb has the legal reference documents  of the gust and is irresponsible for. 

Please contact me anyone could hive me a piece of advice.  

Thanks 

[Ute42]

.

@Fariba11 

You said that airbnb had terminated the contract with Your guest. So this person is no longer an airbnb guest. Don't expect anything from them, they are out of the picture.

I think You're on Your own.

[Sarah977]

@Fariba11  Your issues with this guest no longer have anything to do with Airbnb. 

They terminated his booking, advised you to tell him he has to leave, yet you ignored that and made a private deal with him. I'm not sure why you think you are entitled to any support from Airbnb now. This is no longer an Airbnb bóoking.

You are unfortunately on your own now as far as getting this guy out. And I hope it doesn't prove too difficult.

Using Airbnb is not the right way to have a year-long tenant, anyway. It is designed for short term rentals. If you want a long-term tenant, do it like other landlords do- a proper lease, a security deposit, references from past landlords, work history, and so on.

[Emiel1]

@Fariba11 

As others already give you right answers, your post raises some questions to me:

- What was the lenght of the original Airbnb reservation ? As you stated you host guest from 21 March. But if it was a "long term reservation" (?)  first payment should at least cover time period to 21 april.

- Why accept cash payment from a guest, as it violates Airbnb terms ?

- Why accept payment for May if you want guest to leave ?

- Why are you responsible for parking fees of your guest/tenant ?

This person is clearly playing a game with you and probably wants to earn tennant rights (if not already got them).

As a landlord myself i would know what to do in my country, but law in the UK will be different, so can not advice you otherways then try to get good legal advice what to do !

[Mike-And-Jane0]

@Fariba11 I fear your guest is correct. You may have inadvertently created a tenancy without any contract so eviction will be difficult. I would contact a solicitor/eviction agency urgently to get accurate advice. Whilst Airbnb should take some responsibility for pushing long term lets the hosts do need to recognise that airbnb is not a suitable platform for such lets and, as you have taken a cash deal, they are not really in the picture anymore.

[Helen3]

@Mike-And-Jane0  @Fariba11  Clearly stated that Airbnb advised her to cancel the booking and instead she chose to accept a direct booking - so Airbnb has no responsibility here.