Storeroom being used as residential premises

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Storeroom being used as residential premises

A local "Super Host" in our village (Horwich, near Bolton  UK, converted an old storeroom in a derelict building, called it a "cottage". and then let it out on AirBNB. The Planning application to Bolton Council for the conversion was refused TWICE. Planning issued an enforcement order for the conversion work to be un-done. She did not comply and lodged an appeal. The appeal was thrown out. But she still persists with letting it out.

Several local residents have alerted AirBNB to  the facts and supplied evidence of the enforcement order and the appeal rejection.

 

Bolton Council will now proceed to prosecute but the BIG question is why does AirBNB allow this listing to persist when the host is not complying with local and national regulations. And condoning the use of premises which are officially stated as being unsafe.

 

It is disgraceful!

1 Best Answer
Helen3
Level 10
Bristol, United Kingdom

I do sympathise and think that Airbnb and other platforms shouldn't allow people to list on their platform if they know they don't have planning permission.

 

I don't agree with @Kate867 @or @Gordon0  

 

there is no reason the owner couldn't have kept the place for private use and got planning permission for this or worked with the council to get planning permission for commercial use before she started . . 

the owner clearly doesn't care about the impact of her business on the local community and has a complete disregard for planning regulations.

 

@Jim1859  i would suggest you go on Airbnbs social media and ask them why they continue to let a host operate a listing which they know doesn't have planning permission 

 

I would also suggest you contact your regional broadcast media s and national media with this story 

 

the crime  you know @ Gordon is business owners who illegally operate a business without complying with building regulations or getting planning permission.  It's silly to imply if she doesn't run a commercial business from the building will be lost. 

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28 Replies 28
Kate867
Level 10
Canterbury, United Kingdom

@Jim1859 @Mike-And-Jane0   The Host does actually explain fully about the parking as per the photos on her listing.  I really hope this is all resolved soon.

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@Kate867 

 

Well Kate I do hank you for responding and yes the host has produced a lot of verbage about the narrow streets and and asking for courtesy to neighbours when parking however there is no disputing the fact that the listing states   "Free parking on premises".

 

If, like me you have a classic car then I would be comforted by free parking on premises and I would choose that property over others which had only on-street parking. with this particular property there is no normal parking on the street. 

 

Cars have to park half on the pavement so there is risk of damage by cars on one side and by pedestrians, scooters and wheel chairs on the other.

 

All that aside it is a case of outright and deliberate misrepresentation. This is entirely consistent with her applications for Planning. Permission.

 

 

Kate867
Level 10
Canterbury, United Kingdom

@Jim1859   Actually, I have one classic car, a 1972 MGB roadster and also have a 2004 MGTF which is probably borderline, both of which are cherished and immaculate.  Also both of which we love to drive, are maintained, wax oiled, garaged, and we absolutely would not park overnight on the road or in an unsecured area, so we would not book a place like Eves Cottage if we were planning on driving there in one of them.  However the Host of this property, with her parking details and photographs has made it crystal clear what guests should expect so I cannot see that what she has listed that is in dispute or wrong as guests can see what is available beyond any doubt.  This Host has absolutely behaved badly with regards to planning permission and most likely building regulations as well, but her listing is not promising anything she cannot deliver on the exterior.  In due course, depending upon the outcome of any appeals, it will ‘come back on her’.   Once again, I appreciate your frustration and hope that the matter is resolved sooner rather than later by your local authority.

Love to have your ' Roadster!

 

You say the host " is not promising anything she cannot deliver " Wrong!  Her  declared amenities clearly states "Free parking on premises". This is a blatant and deliberate lie.

 

Her lying behaviour is entirely consistent with her lies on the Planning applications which have been repeatedly exposed.

 

How far does tolerance and inaction extend?

Kate867
Level 10
Canterbury, United Kingdom

@Jim1859   I get that you are angry and frustrated with the Host, but you came here asking why Airbnb are not delisting the property and the most likely reasons have been given to you.  Airbnb are NOT an enforcement agency and it will be down to your local authority to deal with the issue initially.  There will be a reason why they have not done so yet.  Obviously even they will have to go down the legal route once all appeal options etc. have been exhausted.  In the meantime, I have taken the time to look at the listing where the Host does not mention the garden as an amenity, only that it has a ‘garden view’… and I also fail to see how a guest could access it without either climbing out a window or scaling a wall?  In addition the Host asks her guests to be quiet and respectful of neighbours and advises the best places to park in order to minimise any disruption.  I agree with both @Mike-And-Jane0 and @Gordon0  that it would be a complete shame to let this lovely old building fall into complete disrepair and it would make a lovely small home for someone one day once/if  the appropriate work and consents were obtained unless you have a better idea?  In the meantime, if guests become overly noisy or trespass etc then as much as you resent it, you should message the Host and let her know so that she can deal with the issue promptly to ensure your peace.

Helen3
Level 10
Bristol, United Kingdom

Why @Kate867  do you assume the building would fall into disrepair if not used illegally as a short term rental business ? 

im sure the business owner isn't the only person in the whole country interested in buying the property .

 

I'm sad when hosts do this . It gives hosts a bad name . 

She could have complied with building regulations and checked with planners to see if she was likely to get planning permission but chose not to. 

Kate867
Level 10
Canterbury, United Kingdom

@Helen3   The initial question asked by @Jim1859  was why Airbnb seemed to be ignoring his (and others) complaints which I have tried to answer.  It would also seem that given the location of the property it is unlikely it would be suitable for many business’s due to the access and other issues which @Jim1859  raised.  However I also absolutely agree that the Host has behaved very badly by not obtaining the necessary consents.  But because she has broken the law does not make it acceptable for others to do so which is why I suspect the LA have not yet acted and will wait until all the appeals are exhausted.  It is highly likely that this particular Airbnb will be closed down in due course either due to losing final appeals or due to resentment and pressure within the local community.

@Kate867 

Sure we are all frustrated because AirBNB does nothing to enforce its own rules. The T&C's for hosts stipulate that hosts must comply with local and national regulations.

We have repeatedly raised the issues with AirBNB but they do nothing as long as their revenue stream continues.

 

Why do they do this and put the guests at risk? 

@Kate867 

 

We may have progress! After badgering AirBNB for the last 9 months, I had a message saying that they would terminate the listing if the Local Authority confirmed ti=o them directly that the host was in violation of local legislation.

Fine but why did it take so long for them to advise this even when I had forwarded the enforcement order issued by Bolton Council.

AirBNB really do need to lift their game.

So lets see what happens now.

@Kate867

You say " also I fail to see how a guest could access it without either climbing out a window or scaling a wall? .

 

Well here is a photo which shows the doorway out on to the neighbour's land. And the newly cultivated patch with a stone border is the host's attempt to make a land grab on the neighbour's land. The host's building has no land or amenity  around it.

 

Stone border1.jpg

Mike-And-Jane0
Level 10
England, United Kingdom

@Jim1859 Perhaps you could message the host and suggest she correct her listing. She will probably appreciate this as the 'censure' she will experience is a guest complaining to Airbnb of a missing amenity and/or guests leaving poor reviews for the property. If an important amenity is missing Airbnb will likely refund a portion of the guest's payment to compensate.

Lorna170
Level 10
Swannanoa, NC

@Jim1859  Personally, I would help the affected neighbor plant briars along the property border. I sometimes get carried away with my righteous indignation.  

After pestering AirBNB for quite some time and asking why they would not take action, I had a response today advising that AirBNB would only terminate this listing if requested to do so by the local authority on the basis of violation of local regulations governing residential properties.

 

The local authority enforcement officer will now approach AIrBNB  with the evidence and a request that the listing will be pulled.

 

How do you rate the chances of AirBNB terminating it?

May not happen often but this listing has disappeared