Our process for dealing with holiday lets?

Most property managers are coming across holiday lets frequently. This is where people rent out their apartments on a daily/weekly basis via a number of holiday-type portals. This has caused a lot of problems in some buildings. We’ve had instances of holiday lets in a few apartments where there have been 8 to 10 beds installed by the owner. Clearly, this can only be for noisy parties.

Being trapped in a world next door to a holiday let can be a nightmare. You need help and assistance in dealing with the issue. Often, we can’t immediately stop it, but we do put a long-term solution in place.

What should you do if you find you are living with this problem?

1 – Keep a diary of dates, activities, etc.

2 – Report each instance to the managing agent for the building (by email) asking them to record the instances.

3 – Contact your local council and speak with their “antisocial behaviour team”.

4 – Have the current agent write to all leaseholders advising this activity is not allowed in the building.

5 – Have notices around the building explaining these types of lettings are not allowed. Make them visible for the people actually renting the apartment. This will help reduce repeat rentals.

When the holiday let problem has been at a problematic level we have in the past appointed security to attend on a call-out basis to deal with the people in the apartment. We attempt to recover the costs from the leaseholder and the call-out logs give great evidence for court if required.

So what would you expect from Revolution?

We are proactive in stopping these problems, but they can be time-consuming to resolve and we do need the help of the people affected.

Firstly, we find the adverts online to prove the property is being used in this fashion. We then make contact with the leaseholder and explain they are breaching their lease on the apartment.

If no action is taken, then the next step is to place the issue with solicitors who then start a legal process for breach of the lease. The costs will normally then be added to the leaseholder's account.

The lease will give guidance on what can and can't be recovered.

Current legal cases

AIRBNB LETTINGS A BREACH OF LEASE – BERMONDSEY EXCHANGE FREEHOLDERS LTD V NINOS KOUMETTO (AS TRUSTEE IN BANKRUPTCY OF KEVIN CONWAY)

This case was heard in the County Court where evidence was presented including the adverts for the apartment as a holiday let.

This was the key part of the decision:
"The Judge held that provision of the flat to hirers through Airbnb amounted to “letting, akin to holiday lets”. She held that such hirers “are not using the property as a residential flat”. As she put it, “There is a qualitative difference between letting a property on an assured shorthold basis to a person or family who occupies the same property as their home… and letting the property on a short term let including through Airbnb and other websites."

This ruling makes life easier should we need to enforce action as there is now a ruling defining what is a use of a residential property.