London AirBnB laws & regulations

Regulations/Tax Issues
1

I received an email from AirBnb today (21 October 2016) telling me that:

Following a change in the law last year, homes listed on Airbnb and other platforms can be short-term let for up to 90 days a year without planning permission. The government refers to this as Temporary Sleeping Accommodation…If you wish to host on a short-term rental basis for more than 90 days per calendar year, you require planning permission from your local council. Failure to follow local planning rules could result in enforcement action against you, including financial penalties.

I live in a rented flat and AirBnB my spare bedroom. Do these new regulations apply to:

a). Hosts who rent out a whole house or apartment for more than 90 days per year
b). Hosts who live in the Airbnb accomodation with their guests for more than 90 days a year
c). Both

Any advice gratefully received - thanks!

2 Likes
2

Where is your place ?

3

My place is in London

4

Did this mail require you to click a link or login to AirBnB?

Lately I receive a lot of these phishing mails, about changing regulations asking to login to a fake AirBnB page.

5

Yes, but it did take me to a geunuine AirBnB page. Also there, have been many articles in the press about the new regulations, but I can’t figure out if they apply to me (a live-in AirBnB host) or not

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For example:

7

I did some googling, and it seems to be option C. Where getting permission for running a single guestroom B&B should not be that difficult.

What worries me more is that you are subletting your spare bedroom. Do you have permission from your landlord for this?

1 Like
8

Yes, the landlord is absolutely fine with it - so don’t be worried.

Do you have any links you can share?

Thanks

9

Chris this isn’t subletting according to English law. Subletting only occurs when you give someone access to the whole property (renting the whole flat).

OP you need to apply to the council to get planning permission if you want to host more than 90 days. I’ll also tell you now you’re unlikely to get it.

You could do what pretty every other host in London does, and carry on hosting until you’re caught. That’s very much up to you though and only you can decide what’s best in your situation…

You could also consider a regular flatmate once your 90 days hosting are up.

P.S. The change in the law it’s referring to? Before last year pretty much every single London listing was illegal because you were required to get planning permission first. Most didn’t.

10

Strange because the first hit on google show me:

“A subtenancy is created when an existing tenant lets some or all of their home to another tenant - the subtenant.”

But in this case: “Lodging” would be a better fit.

1 Like
11

Which borough are you in. some are more flexible than others.

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I am in Lambeth.

Thank you everyone, for your replies :slight_smile:

13

From the link provided l:

Third sentence in it explains that a sub tenant has a contract and exclusive access, meaning they can stop the main tenant from entering their part of the property. That’s not the case with Airbnb

14

Helsi are you sure flexible is the right word? Id say some boroughs are less likely to enforce the 90 day rule but saying they’re more flexible could be misleading as the law is the law.

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IMG_8539.PNG750×1334 464 KB

Thanks for this! I knew it wasn’t subletting… and I knew letting out the whole property is subletting because of the exclusive access. This was useful to understand the issue in about more depth.

Good for live in hosts who rent though; the highlighted parts do not apply to Airbnb and therefore it’s not subletting. There’s no contract and the guests can’t stop the host from entering any part of the Property. Of course if your landlord explicitly bans it then of course it’s s no go …

16

Are you sure?
If you are renting a “private room”, you are giving the guest exclusive use of that room for the time of the rental.
The only way to avoid this is, by listing your space as “shared”.

By signing up with AirBnB you both agreed to the conditions, and by accepting the booking you have a contract with the guest.

17

Oh yes, very sure. I realise this is semantics but of course thats what the law is all about.

They have use of the room, yes. It’s exclusive in that you won’t put other people in the room. It’s not exclusive in the way this document describes. They cannot stop you from going in the room (and I regularly do go in the room, to clean, change bedding, remove wet clothing from furniture and I will continue to do so), nor do they have a tenancy contract - they have a contract via airbnb and the wording is very clear that it does not constitute a tenancy or a lease in anyway. This part of the reason they are called ‘guests’ and not ‘tenants’.

18

I don’t think it’s the wrong word.

At the end of the day it’s down to each host including the OP to check how their local authority deals with this issue.

19

Hi all,

Thanks for all the feedback. Here is a link to the Temporary Sleeping Accomodation info specific to AirBnB (and similar websites).

http://www.legislation.gov.uk/ukpga/2015/20/notes/division/5/46

P.S. I have heard that some councils are more strict that others too

20

The law is the law. However this one is largely unenforceable unless you’re reported to the council and the council decides to investigate. Remember before this was changed all London hosts were breaking the law and I don’t think anyone was convicted.

Lots of us London hosts got this email … it’s more so Airbnb can show the authorities they’re complying with local laws by sending out reminders.

Side note : wonder why they don’t just turn your listing off once the 90 days are up…