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Dangers of AirBnB Leasehold Properties

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Do remember that short-term property lets are not a new phenomenon. Organisations like AirBnB have recently grown which has made the issues concerning short-term lets a new focus.

AirBnB has become the shorthand reference to these particular types of let. It is referred to in this context in respect of the article. To give you any idea of the impact of AirBnB. It was launched in August 2008. It has over 60 million users, is used in over 57,000 cities for 2.3 million listings with 500,000 stays per night and has 640,000 hosts.

As such it is a worldwide phenomenon and not just something which is to be considered by jurisdiction.

Examples of how other jurisdictions have dealt with issues are set out below:

  • Barcelona – Fined AirBnB and HomeAway €600,000 for unlicensed properties.
  • New York - £7,500 fines for persons advertising vacant apartments in multiple dwelling buildings for 30 days or fewer.
  • Sydney – New South Wales Government requires persons letting on a short term basis to have a licence and pay tax, also a limit on the number of days which a property can be let out.

David Richards, Senior Associate in Brethertons Defended Litigation Team has written a white paper to explore short term lettings and the dangers of AirBnB leasehold properties.

The contents of the white paper, covers:

  • Dangers of AirBnB Leasehold Properties
  • Planning Controls: London
  • Planning controls outside London
  • Practical Examples
  • Unauthorised Sub-letting?
  • Caradon District Council v Paton [2001] 3HLR34
  • Nemco v Fairfield Rents Ltd [2016] UKUT 303 (LC)
  • Practical considerations
  • Remedies
  • Other implications of Subletting

The white paper, entitled: ‘Dangers of AirBnB Leasehold Properties’ is being released on 6 June 2019. If you would like to receive your free copy, email theknowledgehub@brethertons.co.uk with your name, company and email address. We will subscribe you to our property management email subscription list, but you may unsubscribe at any time. For more details on how Brethertons LLP will protect and process your personal data view our Privacy Policy.

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