Please help, air bnb and restrictive covenants

Viki12
Level 1
York, United Kingdom

Please help, air bnb and restrictive covenants

I have a new built whic I bought 6 monhs ago.  Apparently it came with restrictive covenants, one of which indicates, "notrade businessor profession shallbe caried out upon the phlot and the plot shall not be used for any purpose other than as one rivate dwelling unit." Prior to posting in airbnb I asked a solicitor in justask.co.uk and two of them told me that airbnb is not a business, and it has to do with what peopl I host come to stay with me for.  However, my neighbor has really been giving me a hard time.  He disapprove of airbnb and parks illegally (in common areas which are supposed to be left empty.)  I had copmlained to the management company that built my house but they refused to intervene.  Him parking illegally also violates two covenants.  Low and behold, the same management company that refused to do anything to act on my behalf, wrote me a letter the other day reminding me of how doing a BNB violates a covenant and that I should stop and that I need legal advise.  Needless to say, i am JUST FURIOUS:  I feel discriminated, harrased and violated.  What should I do?  Anyone has an advise?  Should I sue both the management and my neighbor?  I also have a new job and am hoping to move out completely for a year as I also need to take care of my brother, so I would need to rent out the entire place.  I have a government, help to buy scheme.  I will seek their permission first, but am wondering if my management will interfere with my renting plans as well?  This is  a freehold, but mews/terraced.  Please, any advisewould be appreciated as I am about to loose my mind.  I don't want to loose my/sell my house as I don't want to loose the help to buy scheme, which is once in a life time opportunity, plus I just bought my home..

3 Replies 3
Jeff158
Level 10
Caernarfon, United Kingdom

@Viki12

In my opinion

Short term rentals are a business.

It sounds to me like you can only do long term rentals

Jennifer1833
Level 1
Torquay, United Kingdom

I am going through a similar thing.    It seems to depend on whether you are in occupation of the house yourself or not.  If you are then the guests are lodgers not tenants.  You need to check your lease very carefully for all the wording.  The Nemcova v Fairfield Rents case showed that if you are in occupation of the house yourself then it is a private dwelling.   I have not had any professional legal advice myself yet but I would say let them take you to court rather than the other way round!  For long term renting there is likely to be wording in the lease that is probably "under the Rent Act sections 11, 16 blah blah".  Good luck.

Rohit55
Level 2
England, United Kingdom

@Viki12 were you able to sort it as we are in process of buying a new build which after certain period of time will have to use airbnb for it as we may need to leave the country, and reading all such comments, i am really worried if we should go ahead with purchase or not ?