Illegal sublet advice
Discussion
The other half has a flat which we have just discovered has been on airbnb for the past 6 months. The tenant is due to leave at the end of the month (arranged before we realised about the sublet), but it appears that the flat is rented for the next 3 weeks!
They are on standard short term tenancy agreement (so no subletting allowed) so really just want some advice on where we stand and what to do about it. I'm all for changing the locks tomorrow night and telling them to f
k right off, but the other half just wants to wait until the end of the month then charge the lock change back to the tenant out of the deposit.
Any advice?
They are on standard short term tenancy agreement (so no subletting allowed) so really just want some advice on where we stand and what to do about it. I'm all for changing the locks tomorrow night and telling them to f
k right off, but the other half just wants to wait until the end of the month then charge the lock change back to the tenant out of the deposit.Any advice?
Allowing the Airbnb outside of the tenancy then claiming back the cost of changing the locks sounds like a potentially messy solution. Do you really want people staying in your flat, after the agreement with your tenant has ended, with whom you have no contractual relationship whatsoever?
I'd take possession the moment the tenant moves out and let them deal with the bookings they're not going to be able to honour, rather than risk my property being trashed by strangers and a long legal fight with a possibly skint ex-tenant in a vein attempt to get my money back.
I'd take possession the moment the tenant moves out and let them deal with the bookings they're not going to be able to honour, rather than risk my property being trashed by strangers and a long legal fight with a possibly skint ex-tenant in a vein attempt to get my money back.
janesmith1950 said:
Allowing the Airbnb outside of the tenancy then claiming back the cost of changing the locks sounds like a potentially messy solution. Do you really want people staying in your flat, after the agreement with your tenant has ended, with whom you have no contractual relationship whatsoever?
I'd take possession the moment the tenant moves out and let them deal with the bookings they're not going to be able to honour, rather than risk my property being trashed by strangers and a long legal fight with a possibly skint ex-tenant in a vein attempt to get my money back.
None of the Air BnB bookings go beyond the tenancy agreement.I'd take possession the moment the tenant moves out and let them deal with the bookings they're not going to be able to honour, rather than risk my property being trashed by strangers and a long legal fight with a possibly skint ex-tenant in a vein attempt to get my money back.
The OP is just (rightly) annoyed that they have been and continue to till the last min, sublet!
I’d say let it run, saves the hassle, and get the locks changed and money taken from deposit.
Options are limited until the last day of the tenancy arrives. If they don't give it back as they should then you need to apply to court for possession. Until then you can't do a fat lot more than suck it up.
Don't even THINK about changing the locks until they have returned the property to you, which may not be until some time after the end of tenancy date. To do so would potentially land you in very hot water. (I know, it sucks, but it's the way things work in this country).
DO talk to the tenants and ask what their intentions are. If your relationship with them isn't the best then don't mention that you have seen it on AirBnB, just ask whether they are OK with packing up and what they need to do when they move out and when would it suit them for you to come over and do a check-out inventory etc etc etc.
Don't even THINK about changing the locks until they have returned the property to you, which may not be until some time after the end of tenancy date. To do so would potentially land you in very hot water. (I know, it sucks, but it's the way things work in this country).
DO talk to the tenants and ask what their intentions are. If your relationship with them isn't the best then don't mention that you have seen it on AirBnB, just ask whether they are OK with packing up and what they need to do when they move out and when would it suit them for you to come over and do a check-out inventory etc etc etc.
So long as they are not damaging anything, and the property is returned in a good state, then you will not likely be able to keep back any of their deposit.
Also, if you are a professional landlord then maybe you are missing an opportunity. If they are making good money subletting your property on Air BnB then you could discuss it with them and agree they can do it for a larger deposit and higher rentals - they take the risks of voids, you make more money renting it out. Or you could take the risks of Air BnB yourself and potentially make more money from your investment.
Also, if you are a professional landlord then maybe you are missing an opportunity. If they are making good money subletting your property on Air BnB then you could discuss it with them and agree they can do it for a larger deposit and higher rentals - they take the risks of voids, you make more money renting it out. Or you could take the risks of Air BnB yourself and potentially make more money from your investment.
sidekickdmr said:
None of the Air BnB bookings go beyond the tenancy agreement.
The OP is just (rightly) annoyed that they have been and continue to till the last min, sublet!
I’d say let it run, saves the hassle, and get the locks changed and money taken from deposit.
Ha! Teaches me to skim read.The OP is just (rightly) annoyed that they have been and continue to till the last min, sublet!
I’d say let it run, saves the hassle, and get the locks changed and money taken from deposit.
In which case I'd inform the tenant in writing that subletting is forbidden, include a screenshot of the AirBnB listing and a reminder that the deposit being released will be subject to rectifying any damage beyond normal wear and tear, whoever caused it.
I wouldn't want to be at risk of stranger damage and potentially the subletting could be in breach of any buy-to-let mortgage or insurance policy on the property.
If you look on the bright side it means your flat has been cleaned daily and has been looked after, I would have a look at the possibility of keeping it on AirBNB when the tenancy ends; using one of the agencies that have sprung up to service them and do changeovers/entry etc.
As a managing agent we keep an eye out for this on behalf of our landlords, its only happened twice, the first landlord wasn't unduly fussed, the second one was more pi$$ed off that someone was making money out of his flat and it wasn't him, mind you he is the sort of person who would fight you to the death over a fiver.
Where is the flat, try and work out how much extra income would be in it for you after extra expenses. I'm guessing HMRC would let you run the reasonable agency and operating costs against the income
As a managing agent we keep an eye out for this on behalf of our landlords, its only happened twice, the first landlord wasn't unduly fussed, the second one was more pi$$ed off that someone was making money out of his flat and it wasn't him, mind you he is the sort of person who would fight you to the death over a fiver.
Where is the flat, try and work out how much extra income would be in it for you after extra expenses. I'm guessing HMRC would let you run the reasonable agency and operating costs against the income
Thanks for all the replies; it's interesting stuff.
It does appear we are powerless to do anything about it at the moment, we are arranging to have a locksmith arrive on the day of key return.
What really is sticking in our throats is that we let it it well below market rate as we thought we had a good tenant- roughly £300/month below market rate (it's in central London). More fool us!
We are not professional landlords; it is just the other halfs flat we are renting out for a few years. She made a point about how she has been honest about it with HMRC and thus pays tax on it; yet ur tenant has probably been caning it in tax free!
We cannot ourselves go down the airbnb route as it is forbidden by the freehold, and again we are honest about these things.
It does appear we are powerless to do anything about it at the moment, we are arranging to have a locksmith arrive on the day of key return.
What really is sticking in our throats is that we let it it well below market rate as we thought we had a good tenant- roughly £300/month below market rate (it's in central London). More fool us!
We are not professional landlords; it is just the other halfs flat we are renting out for a few years. She made a point about how she has been honest about it with HMRC and thus pays tax on it; yet ur tenant has probably been caning it in tax free!
We cannot ourselves go down the airbnb route as it is forbidden by the freehold, and again we are honest about these things.
The Surveyor said:
If the tenant is making a decent profit off this sublet, why are they vacating and not extending? Maybe it's not actually making that much money!
Potentially. I think they have been ill and thus not able to work, so this may have been a means to pay the rent. Why they just didnt ask us to end the lease early i dont know.Regarding what we are trying to achieve it's for working out what options we do / don't have for getting them out early (none it seems), what options we have regarding damage and repairs we have done whilst (as it now turns out) it was being let out.
And also how to stop it happening again with the next one!
I'm sure the AST precludes subletting it would make sense to add a specific para regarding AirBNB and similar. What I am trying to get my head round is your freeholder agreement.
If you can let the flat, can you also do AirBNB as presumably you are either renting it out or not, does it mention a minimum time period
If you can let the flat, can you also do AirBNB as presumably you are either renting it out or not, does it mention a minimum time period
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff