Updating post from Reddit.
Hey there. Rookie landlord here seeking some advice and guidance if that's ok.
I have a property that has an extremely troublesome tenant - they seem to be a bit of a scammer and running a 'rent to rent' gig, are a superhost on airbnb with likely multiple properties doing the same thing, and airbnb refuses to do anything about it, leaving my sole option as the courts to evict and re-establish ownership (which comes at significant cost and time considerations).
At the moment the expected time to get the situation in front of a judge exceeds the end of the tenancy, which we have given notice we intend to end accordingly. My concern now is that after the tenancy they will simply refuse to leave resulting in us needing to take it to court anyway. Not fun. Not fair on my neighbours (who have been having problems with the 'guests'), and just not a pleasant situation all around.
My question is this: If I (or someone I know) were to book out the airbnb on the last day of the tenancy (it's still accepting bookings long past the end date, a strong driver of my anxiety that they intend to overstay), would I (or someone I know) then be able to stay in the property and refuse access to the returning tenant? What is the actual legal process of a tenant leaving / withdrawing from a property in regards to a contract end date?
It's worth noting that the tenant absolutely doesn't live or reside at the property, and it is exclusively being used as an airbnb, there are no belongings nor personal effects being left at the property outside of furnishings exclusively for the purpose of its use as an airbnb.
I have no intention of doing anything illegal or doing anything that would allow the tenant to take any action in response, I am simply curious as to the complexities of the situation, given that contractually the tenant is not allowed to sublet in the first place.
Thanks for any advice.
If your contract states no subletting they are in breach. If the property is vacant and being sublet they have left technically. I would get a private investigator or bailiff to hire. I would put a person in situ and change the locks . Letter of authority to act on your behalf but with no right to remain in the property past the reason for engagement. Or move in yourself with an official witness, ie the official hired for that purpose. Inform the council that the tenant is vacant and illegally subletting. Inform hmrc and report fraudulent earnings and then post section 8 for gross breach of contract on the door after securing property. People like this taking the proverbial cause landlords and tenants to suffer. Like you said you don't know how many properties they are doing this too. Iron clad case you need a private investigator or one of those tv investigator programs would lap this up. Screen shot the air bnb ads, note any other properties they have advertised, social media links, phone numbers and any relevant information Good luck
Great info and suggestions, thank you!
Here is the link to report for tax evasion https://www.gov.uk/report-tax-fraud
Absolutely do not follow the advice around changing the locks and entering the property/putting someone in situ. Dangerously unlawful behaviour that compromises your position particularly if the tenant claims unlawful eviction (a crime).
Follow the Section 8 route, arrange reasonable visits to the property, and so on.
The bookings which go past the end date of the tenancy are a non-issue because a tenancy does not end at the end of the fixed term, it just becomes a statutory rolling or contractually rolling (depending on which you agreement anticipates for).
It’s tempting to go scorched earth on this, but you will likely create far bigger issues for yourself than you would solve.
This reads like a mission briefing and I love it
With respect, this is not good advice.
Until the tenant unambiguously surrenders the tenancy, it still exists, and you have no right of entry as a landlord.
Even if you enter as an AirBnb customer, the tenancy isn’t being surrendered.
Follow the legal route, and don’t do anything that might look like an illegal eviction.
I do understand your response. However this is not a section 21 response. This is section 8, gross breach of contract. The owner has communicated with the tenant who sees no wrong in their actions. They know what they are doing and probably expects the drawn out 21 process. They are also guilty of misrepresentation by not being authorised to lease for air bnb or sublet, bound by contract. It's fraudulent behaviour and should be treated as such. Evidence is king here.
That’s all true - but you still can’t enter as a landlord, and you certainly can’t change the locks.
Despite everything that’s happened, the tenant is still the tenant. It sucks, but that’s the situation.
If you can’t persuade the tenant to formally surrender the tenancy, then you have to get the court to do it.
Ultimate legal Trump and worth sticking to one's guns over is this. Enter property under air bnb aspect. Cancel credit card. Set up dwelling as main room and remain. The landlord cannot be expected to pay rent to the tenant, that is absurd legally and worth testing in court. Landlord living there takes president as not done by force but by legal hire. The tenant arguing in court that he was deliberately breaching contract and is now upset the owner has taken possession with them as lodger would be laughed out of court. Either way, report to hmrc and the authorities for fraud and unlicensed activities. He has no legal rights to let via air bnb and a solicitor letter stating so would be a good start. As a super letter he is probably scamming multiple people and laughing all the way to the bank. He deserves everything coming his way. Section 8.
It's also not a criminal offence to sublet a private tenancy so the council won't be able to help you. The Prevention of Social Housing Fraud Act only criminalised subletting Council and Housing Association tenancies.
Its a social and housig association tenancy. We have been given special permission to let it ourselves. Subletting is strictly against the terms outside of this restrictive permission.
I still don't think it would count as criminal subletting. The wording of the legislation only refers to secure and assured (not assured short hold) which presumably your tenant doesn't have.
Its specifically against both my contract with the housing association and the contract with the tenant.
That would make it civil and not criminal.
That seems like a great advice. I would definitely make as many screenshots as possible on Airbnb (listings, customer reviews with dates) and on social media then contact the council to give them heads up that this is happening.
OP do not tell the council, you'll lose any plausible deniability if you go in and change the locks.
Yeah, I wonder if you rented it and they gave you the keys, you go in and take over occupancy. What would be the outcome? Essentially they’ve returned keys and the property has been handed over empty, property has been surrendered. If they challenged this what could they say? Oh we illegally rented it out in breach of tenancy but want to have tenancy of the property again… Doubt that would stand up in court. Be interesting though. If they aren’t living there, they’re not a tenant. Would they even challenge it? Doubt this sort of thing has any case law to base it off of.
But you want to do it properly so section 21 and go through the court is your only other option.
If an air bnb visitor were to overstay ahead of more bookings the operator may have a problem….
We'll be giving notice the second the tenancy expires that no future bookings will be honored. We don't want to do anything that could allow the tenant to come back at us in bad faith / trying to abuse the court system in the opposite direction, essentially.
The tenancy doesn’t expire in the way you seem to this it does. Once the fixed term ends the tenancy becomes periodic. I really think you need to get yourself educated on the eviction process or you could easily make a mistake that costs you time and money. Either engage a solicitor who specialises in evictions and/or join a landlord association.
If the tenant on the lease has been given an eviction notice correctly at the end of the fixed term, has vacated the property, and has allowed someone else who may or may not be representing the landlord access to it, I would assert that is them surrendering the tenancy in accordance with the s21. The landlord would then be able to change the locks and relet the property as per normal.
A suggestion that a tenant who has received a proper notice, is not living in the property, has handed over the keys to someone else, and has not left any personal items in the property is not intending to surrender the tenancy would be a hard argument to make in court.
The tenancy can only be ended by the tenant or a court. Any notice served by the landlord is just notice the landlord intends to go to court for a possession order, it does not end the tenancy.
There have been cases where tenants are in prison and have successfully sued for illegal eviction as the landlord has reclaimed the property without a court order. I don’t see why this would be any different.
Yeah this was kind of my question really. We have an agency managing the property so they're handling most of it, I was just wondering about this particular suggestion. The tenant has been issued a proper end of tenancy / eviction notice as per the end of the initial contract.
Just so that you know. One of our friends had this rogue tenant issue and the letting agent was in on it. Change the letting agent for the next contract.
At a guess I’d say the letting agent has issued a Section 21 notice which on its own does not have the power to end the tenancy. What it does allow you to do is go to court after the notice period to get an eviction order. The letting agent cannot represent you in court, you’d need to do that yourself or hire a solicitor.
I’m not sure a Section 21 would be the correct notice as I doubt there is an AST in place since the tenant doesn’t appear to occupy the property as their only or main residence.
Just let it for a night and don’t leave.
>My question is this: If I (or someone I know) were to book out the airbnb on the last day of the tenancy (it's still accepting bookings long past the end date, a strong driver of my anxiety that they intend to overstay), would I (or someone I know) then be able to stay in the property and refuse access to the returning tenant?
I go back and forth on this, but haven't cared enough to look at the case law as it's never happened to me. The danger is that evicting a tenant--even one breaking the rules--without following the rules can make you open to an offence under the Protection from Eviction Act 1977. That's why the default advice for this scenario is to always just use the court process.
However, the Protection from Eviction Act protects residential occupiers. A tenant permantently subletting on airbnb clearly isn't a residential occupier. Good luck proving that in the moment if he calls the cops though. It's a risky game, especially since the cops' default view is any eviction they're attending is likely to be an illegal eviction and so their view is in favour of the tenant regaining/remaining in the premises.
Yeah this kind of solidifies my thoughts on the matter to be honest. It might be a bit of a grey area but likely one that could prove quite problematic regardless. Seems like my options are simply to wait and see if they move out as expected and just go through the courts as required.
Thanks for the sensible and reasonable perspective!
Have they given notice they will be moving out at the end of their tenancy, or have you issued a section 21 for them to do so? The end of the contract is not the end of a tenancy, it just moves to periodic.
Yeah this has been issued, but the tenant has very deliberately lied and clearly communicated in bad faith at multiple points now so I don’t trust it at all.
In my experience the police are almost never interested in illegal eviction. They will state it's a civil matter. It obviously isn't but the police take the firm view it is.
Councils do take the view it is criminal and bring prosecutions using their own powers - it's really a matter for local authorities not the police if anyone wants to bring a case against a landlord for illegal eviction.
Legally you’d really need to speak to a lawyer
But if they gave you the keys on the last day of the tenancy and you could prove they had vacated the property, I’d venture they’re going to have a VERY difficult time taking you to court for an illegal eviction
> I’d venture they’re going to have a VERY difficult time taking you to court for an illegal eviction
It's not the tenant taking the landlord to court that the landlord needs to worry about. It's the police and then the council getting on the landlord's ass for illegal eviction that's the worry. Hence why a lawyer would tell you to evict using the courts rather than risk anything else.
They gave you the keys and had no occupancy, that's surrendering the tenancy.
I'd be careful about whatever the agreement in booking on airbnb states you're agreeing to.
I'm not actually sure the structure legally - would you be agreeing with Airbnb to the short term let (as a 'b2b2c' with them essentially subletting to you) or are they simply an introducer/agent? I could see this getting rather messy if instead the tenant took action against airbnb somehow, and they in turn looked to come after you on the back of an agreement you made bilaterally with them...
Come off it. It isn't surrendering a tenancy as the tenant has given no such notice nor, clearly, is the tenant agreeing to as such or you wouldn't have to con them via an Airbnb booking.
You don’t need to wait for the end of the tenancy, this is an illegal sublet, and grounds for a section 8 eviction. The notice period for these is only 2 weeks.
So get your evidence, the listing, the name of the host being the same as the tenant, and any other evidence you can.
Then send the notice, and once expired, apply to court for possession.
You may want to consider getting a lawyer so it can be done properly.
DO NOT MOVE IN, some terrible advice here in the comments.
Despite the tenant breaking the contract, they are still a tenant, and they are still paying rent (or rather are still liable for rent)
The proper legal recourse is to evict them. Any attempt by you to remove the tenant (including changing the locks) without a possession order is a criminal offence. And could land you in a whole heap of trouble.
Once you have a possession order, if the property is vacant, you can change the locks
Yes; thank you. There is some very bad advice elsewhere in this thread. Do things by the book.
I'm not sure on the legalities (hopefully someone is) but there is the question of what they might do, or more likely not do, if you do what you suggest.
Ultimately, they are wanting to make money. Not lose money. So to go legal on you is going to cost them. They might just choose to not have the battle and move on.
What might be interesting to find out is who is registered there with council tax.
What will definitely help you is to get heaps and heaps of evidence that they do not live there, never have done etc.
In a perfect world, you give notice or the tenancy ends at the end of the fixed period and the house comes back to you with the tenant moving out. In your case, the tenant has already moved out, so I wonder how a court would view it.
What's the old saying... possession is nine tenths of the law? Not sure how valid that is, but I'd be very, very tempted to do what you suggest to do. Make sure lots of evidence and lots of cameras about. Just in case.
My amateur understanding of the eviction laws are that they are there to stop people being evicted. If they have already moved out and sub let it on Airbnb then they can't use the law to regain entry, and if the landlord has served notice to end the tenancy properly then they don't even have a legal right to rentry. If anyone came round and the landlord was in the flat, can prove they are the landlord, and can prove that they have already ended the tenancy I don't see what grounds anyone would have to try and gain entry or rentry.
They can only prevent eviction in the courts, which won't do anything as they already moved out themselves to sub let it.
Finally Airbnb won't do anything if you ask them nicely, but they might act pretty fast to stop a news story or viral Twitter thread from causing them problems.
Could you send a legal notice to AirBnB saying that the property is illegally sublet and they must cease listing and taking bookings otherwise they will be added to a court claim ?
A landlord would never win such a claim against Airbnb. What would you even sue them for? You need a cause of action to even have a chance at winning a suit and there is none here that I can see.
Why not ?
If you have pointed out they are listing something they have no legal right to list then they could be having some culpability
I said why not. The landlord has no cause of action and without that has no basis for a suit.
What you listed isn't a cause of action. Causes of actions are things like breach of contract and tortious interference. Moreover, Airbnb does have a legal right to list the property. People are legally allowed to enter into conflicting contracts and they have a perfectly legal contract with the tenant. The dispute between the landlord and tenant has no bearing on Airbnb.
Not illegal but breach of contract. Just evict them and move on.
Rent it out and slag them off on Airbnb. Sit out the front and be painful to EVERY new guest so they feel uncomfortable and slag the “owner” on Airbnb, they will leave when their superhost status is in danger. I would have a field day with that, fuck emw
If they are not living there as a main residence it’s not a AST.
Book a stay straightaway.
And never leave. Start renting the place on Airbnb.
Obviously you need to be correct so booking the place then getting the keys is evidence.
I'd also take screen dumps of reviews and dates of availability to show the person wasn't living there
Just get a lawyer, takes the stress away from you.
As the landlord you cannot serve notice to end the tenancy. You can serve a notice that tells the tenant you intend to go to court for a possession order but the tenancy can only legally be ended by a court of the tenant themselves by serving valid notice.
Thinking about it, if the tenant does not reside in the rental property as their only or main residence then it cannot be an AST therefore neither a section 21 or 8 apply. You’ll still need to serve a notice to quit and go to court if the tenant chooses not to give up the tenancy though.
The tenant has also stopped paying rent in the final month, if that changes the situation at all. They've been issued a section 8 I believe, as a 21 stood to take much longer.
On what ground has the Section 8 been issued? For the mandatory ground 8 at least 2 months worth of rent needs to be owed and the tenant only appears to be in arrears by one month.
Breach of contract (no subletting is in the terms, as it is in the terms of my own contract as it is a leasehold thus putting me in legal jeopardy too by the tenant subletting, we secured special permission to do so).
Ground 12 is a discretionary ground rather than a mandatory ground. I’m still not convinced that either the section 8 or 21 are applicable to this tenancy.
If it was an AST at the start, then it is now. The fact that the tenant has breached it by not living there doesn’t change anything.
It doesn’t appear as if the tenant has ever lived in the property as their only or main home and if that’s the case then it was never an AST.
I don't believe that matters. They've certainly breached the agreement - no question there.
But the response to all the breaches is to follow the legal process. The landlord and tenant signed an AST, so it's an AST, even though the tenant has broken a bunch of rules.
Book it then cancel last minute?
Also under consideration.
My best advice is for you to seek legal advice.
I would also be annoyed with your agent in finding this problematic rent to rent person as your tenant in the first place. Did the agent perform a thorough reference check ?
Yes indeed, and we certainly are! As far as we are informed they were properly reference and background checked. It's extremely annoying!
They said that. But can they prove they did that? You have as much right to look at the proof they obtained (and are obliged to record) as they do.
Thats a great point. I will ask for their proof and see. You might be onto something.
Start with proof of right to rent.
Personally I'd arrange for yourself and a few others to book single day stays and destroy the reviews on it. He won't be able to get bookings if the reviews are bad.
they’d need a license from council, wonder if they got it. You can call council to find out and report them if they don’t have the license.
>You can call council to find out and report them if they don’t have the license.
They almost certainly do not. Is that definitely something you would need to do airbnb? I believe they are a foreign national which further complicates things - if and when I do go through the courts I fully anticipate being completely unable to chase or enforce any financial rulings.
yes they must have a license. And council will go after them if they don’t have a license
What license do you need to rent out a property on Airbnb?
just google it dude
You need to talk to Albanians.... none is gona know what happened to them
Lol
Issue section 21 notice. Then book your own property on Airbnb for the days covering the end of the notice. Change locks and leave their contact no. on the door for anyone else booked through Airbnb to contact them.
Book the Airbnb yourself ? don't leave!
Book it out for as soon as possible, as soon as you get in, change the locks. Find someone you trust to stay in the flat for a while to tell all his next renters to piss off. When they complain to airbnb they will get refunds. I've no idea what your lodger will do at this point, but you then have your flat back and he can't really do anything about it.
First things first serve a Section 21 and 8, tenancies automatically turn into monthly agreements when the fix term ends.
I'd be seriously tempted to get a friend to book it on the day the tenancy ends (to make sure it's empty) and simply change locks without saying anything. The property was vacant and as far as you're aware they moved out in line with your notices 🤷♂️
Save all the evidence you can that they were not living in the property and renting it through airbnb, they'll likely just move onto the next property, but if they take you to court for an illegal eviction you need to be really prepared.
Rent it on Airbnb then don't leave. Just squat cant kick you out you own it.
Maybe rent it as an overnight airbnb then refuse to leave the next day,
Do not change locks, etc. Section 21 or 8 them. Evict them and then take possession that way. They are technically still a tenant and have tenant protections.
self-help: rent it on airbnb for a night, and don't leave.
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Please Keep it Civil
Have you tried kicking the fuck out of them? In my experience it works.
Please Keep it Civil
Get a friend to book it then have them squat leaving your tenant to get them out.
I very much doubt its legal but your tenant isn't playing by the rules either.
Increase the rent to cover the extra insurance fees and hassle? The property will probably be kept in good state?
Who's cares money grabbing shit
Huh?
I think he doesn't like money grabbing landlords and so instead is on the side of, umm, your money grabbing shitty wannabe-landlord tenant.
Possibly I guess. We were actually forced into being landlords due to cladding issues that arose during a house sale and are simply renting it out at cost so its additionally frustrating to be taken advantage of. Bit of a mess all told.
I'm in a very silmilar situation but have had a letter from the builder this year commiting to fund all repairs so I believe that means there is more flexibility to sell. Will see how true that is if/when my current tenants decide to move out.
Yeah we're in a very similar situation I think. The company that is organising ours is spectacularly incompetent though so I don't see it happening for a while yet at least.
This is a community for Landlords. You can be anti-landlord in other places like /r/HousingUK/
Envious perchance?
Of a scammer?