Guest not leaving

[Hiten2]

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

[Mike-And-Jane0]

@Hiten2 I would contact local bailiffs - They will know the law

[Hiten2]

@Mike-And-Jane0  thank you for the suggestion makes sense 

[Hiten2]

There is now someone assigned from AirBnB who has been in contact.  I have a direct contact to her so feeling so much better than a few hours ago!

[Mike-And-Jane0]

@Hiten2 PLEASE let us know what you are supposed to do. I hope it works out OK for you.

[Hiten2]

Hello @Mike-And-Jane0 the electric ran out on Tuesday evening and after umpteen threats of police, council, press etc during Tuesday and Wednesday to which I did not respond or react on Thursday they left.

I think here it helped that the meters for all the apartments were in the communal area and also top up.

Feel a lot better then last week.

All the best to you and thanks for your thoughts

Hiten

[Hiten2]

@Mike-And-Jane0  will do.  I will post here.  Take care

[Helen3]

So what has Airbnb actually said they are going to do for you @Hiten2 in practical terms? 

I am not quite sure why you came on here to ask experienced  UK hosts for advice only only to tell us that you disagree with us and aren’t going to do anything aoart from wait for Airbnb. 

Meanwhile back in your place you now have a tresspasser who has overstayed for nearly a week making no payment and potentially damaging your place while you take no action 😁😢

[Sarah977]

@Hiten2  What you have to realize is that Airbnb can contact the guest and tell them they have to leave, but that is the extent of it. If the guest ignores that, and still refuses to leave, it's up to you to do what is necessary to get them out- no one from Airbnb isn't going to come and physically remove them. 

And @Colleen253 is totally correct- if a guest refuses to leave when their paid booking has come to an end, they are no longer a guest at all- they are trespassers.

[Emiel1]

@Hiten2 

Just for your information:

This is what the Arbnb Terms of Service say about such circumstance:

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.

[Cormac0]

@Hiten2 

LOL

[Hiten2]

Ok firstly I would like to emphasise my appreciation at all of the effort that you have taken to comment and respond to the question I have raised.  @Helen3  totally agree ‘disagree’ was a bit strong from me.

Now where am I at.  I have been very fortunate property solicitor at my side in the past for other property related issues.  I had sent the link to AirBnB agreement

https://www.airbnb.co.uk/terms#eusec201910_8

to him and had this feedback from Stanley:

Thank you.

It refers to a license (sic) and applicable law. Unfortunately, a possession order is required otherwise eviction is illegal and there is currently a ban save I believe an exception applies for squatters. However, the Courts sometimes interpret a licence as a tenancy, where there is exclusive possession for a fee. You may be stuck with your “guest” for some time.

Unfortunately, I do not think you can lawfully cut off the electricity supply as it will likely breach the 1977 Act and be a criminal offence – see https://www.legislation.gov.uk/ukpga/1977/43#:~:text=1%20Unlawful%20eviction%20and%20harassment%20of....

Part I

Unlawful Eviction and Harassment

1Unlawful eviction and harassment of occupier.

(1)In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.

(2)If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.

(3)If any person with intent to cause the residential occupier of any premises—

(a)to give up the occupation of the premises or any part thereof; or

(b)to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;

does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.

[F1(3A)Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—

(a)he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or

(b)he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,

and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises

My response was that I would wait for the meters to run empty which for the electric would be very soon to see what he does/or happens next his side.

Stanley, did mention:

Yes, but you may be committing the criminal offence of unlawful harassment. It depends if the guest can still be described as a valid residential occupier after the agreed period of stay ran out.

Airbnb does not alter English property law. Exclusive possession of a property in return for payment is likely to be an assured shorthold tenancy by default. It could be a mere licence e.g. if substantial services are provided by the owner or where the guest shares occupation so there are communal areas.

If he claims to be a tenant then he should be liable for council tax.

Will keep you posted and thanks again

[Helen3]

Oh dear I would get another solicitor they have provided you with advice regarding tenants and their rights.

These people are not tenants. They were guests who you granted a temporary right of occupation to. They are now trespassing. 

why have you not gone to the property and told them to leave.

Agree you can’t cut off utilities but you don’t have to top them up. 


@Hiten2 

[Ute42]

.

@Hiten2  

That's the usual vague answer You get from laywers:

I believe........, Courts sometimes interpret..........., You may be stuck........., I do not think........., it will likely breach............, you may be committing............., It depends if............, is likely to be........., It could be …........

„Maybe“ you should just turn off electricity and see what happens.

If You're looking for clear statements, here's one from my personal STR code of law:

§ 1:   If You turn off electricity, the guest will immedeately be gone.

[Emiel1]

@Ute42 

I still would refine, to prevent guarantee claims ;>):

§ 1: If you turn off electricity, it is likely the guests will immediately be gone

[Ute42]

.

@Emiel1 

You sound like a laywer 😊