Guest not leaving

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Hiten2
Level 2
London, United Kingdom

Guest not leaving

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

Top Answer
Sarah977
Level 10
Sayulita, Mexico

@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.

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51 Replies 51
Helen3
Top Contributor
Bristol, United Kingdom

Sorry this has happened @Hiten2 

 

You are a much more experienced host than I am  with multiple properties but my thoughts are as follows.

 

Have you been in touch with your solicitor about this? 

 

If this person’s booking has been completed you need to go to the listing immediately to ensure he and his family leave.

 

It is his responsibility to find alternative accommodation  for his family.  He knew he would need to go somewhere at the end of their stay (why did he say he was coming to stay with you initially? ).

The former guest has no legal rights of occupation. 


If he is from the UK he can present as homeless to his local authority.

 

Bring someone with you as a witness and photograph/film property. Alert Airbnb immediately . Leave  an honest review. Put in a request through the Resolution Centre for time spent in listing without payment.

Hiten2
Level 2
London, United Kingdom

Thanks Helen, I am not sure.  One of my biggest problem here is there is no support or advise at all from AirBnB and on way for me to follow up with them since it is a specific team that addresses this type of situation.  All the best Hiten

Hiten2
Level 2
London, United Kingdom

Just got off the phone with the lovely Acrita (hope I’m spelling it right) from AirBnB.  She is not from the specialist team but is nudging them for me.  I am hoping a member of the specialist team contact me today

Helen3
Top Contributor
Bristol, United Kingdom

Hello @Hiten2 

 

I am not sure what exactly you want Airbnb to do in this situation- they are no longer an Airbnb guest.

 

Have you or your co-host not gone into the property yet to evict the family trespassing in your property ?

Airbnb can’t help or support you with this.  You need to have your own systems in place for handling guests who overstay.  

 

All airbnb can do is ban the guest from the platform and try and charge them for the  days you have allowed them to stay once the booking expired. 

Hiten2
Level 2
London, United Kingdom

I wait for AirBnB to advise and in my mind I disagree with you since you are a guest until you leave otherwise why would AirBnB have a policy/process to address in such a case?  My question is more so how and what is the implementation process.

 

Posted here to see if someone has been in the same boat and hence possibly get an understanding of the implementation process since I had not heard from AirBnB  Thanks for your comments though.

@Hiten2 

 

Airbnb will do nothing for you, you're only wasting your time, what you've got is a squatter.

 

 

So here's my advice,

 

1. turn off the water 

2. turn off the electricity

3. turn off the gas

 

This should get them moving...

 

 

My cousin had long term tenants organized by a management company that NEVER paid any rent and it took my cousin three years to get them out, same scenario a couple with two children.

 

Apart for the rent they destroyed his beautiful house, left all three years garbage in his substantial garden, so much so it took fourteen skips to remove it.

 

Your in a slightly better position as you did not sign a yearly lease.

 

They've got family to go to, and your not their family.

 

MOVE QUICKLY or you'll regret it.

 

Hiten2
Level 2
London, United Kingdom

Thanks Cormac for the heads up.  

 

The apartment has metered electric and gas.  I was not going to top up but was not clear on the implication (will check with solicitor tomorrow) glad to hear he got his house back but sorry for the circumstances  and wish you and all the best.  Hiten

Hiten2
Level 2
London, United Kingdom

Cormac, just a quick question would you know what happened after he cut off the utilities was he forced to put them back.  Since mine are key meters my plan is to refuse to top up.  I do not think I am forced to do that even though he has children.

 

 Thanks 

 

Hiten

@Hiten2 

 

My cousin took the legal route hence the three years  and very expensive legal advice a wrecked house and a total refurbishment.

 

The scoundrel in question went on to another house where he tried to do exactly the same trick, but this time he pick on the wrong person, apparently the new landlord told my cousin that he had connections to northern Ireland paramilitaries' which he euphemistically called "the boys". 

 

The "Boys" had the scroundrel out in a day...

@Hiten2 

 

Don't involve lawyers just go for it, a lawyer will tell you, let the law takes its course while lodging the fee income.

@Hiten2 

 

"why would AirBnB have a policy/process to address in such a case?" Can you link to the specific policy you are referring to?

 

" in my mind I disagree with you since you are a guest until you leave"  No, you are a guest until your reservation expires. After that point you become a trespasser or squatter.

 

Regardless of what CS may tell you, there is no 'specialist team' that deals with this kind of thing. These people are no longer Airbnb guests. If you're waiting for Airbnb to swoop in and save the day, you'll be waiting a long time. 

 

You should become familiar with the laws regarding tenancy in your area and as @Cormac0  said, move quickly. The hosts who have weighed in on your issue are right. You would also do well to heed their advice.

Hiten2
Level 2
London, United Kingdom

Colleen I would disagree with you and let’s see how this pans out.  

 

Let’s put it this way my mind as been put at rest that AirBnB are assisting me.  

 

Otherwise I am quite familiar when it comes to general AST rentals in the UK and believe me won’t be long before I get a grip under the circumstances otherwise.

Helen3
Top Contributor
Bristol, United Kingdom

Airbn/STRs are absolutely nothing to do with ASL which are legally binding tenancy agreements normally 6 minths plus. @Hiten2 

Keji7
Level 2
Rugby, United Kingdom

Hi Helen,

I found your response to Hiten 2 on this platform regarding a guest not leaving.
The local authority found my property on Booking.com and began booking the apartment for families in need of temporary accommodation. Some families have stayed for a few days or weeks before being moved on. Due to the relationship I now have with the local authority, they book directly with me, I invoice them, and they pay me. Last year, I was contacted regarding a family who needed long-term accommodation. The family moved in around June last year and have been in the property ever since. This booking was made directly by the local authority, and they have been paying me since then. I do not know the details of the family staying there, as this is confidential. Recently, the local authority (social workers) have had difficulty communicating with the family. My understanding is that the family has stopped communicating with them and is refusing to move out of the property. The local authority now wants me to evict the family. I understand that their legal team has said they are unable to obtain an eviction order because they do not have a tenancy contract with the family, and they want me to initiate the process instead.

However, I also do not have a contract with the family, nor do I have any knowledge or details of them. I would be grateful for your advice on how to proceed with this matter.

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