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  • Buy-to-Let

    Air B n B of BTL flat in London

    Hi,

    I have a buy-to-let flat near tower bridge which is rented on AST basis at the moment. My mortgage allows holiday-let. Because of location i might get better rentals via AirBNB - which I need because of all the recent changes introduced by Govt. However when speaking with an AirBNB agency i was told that i need planning permission. I would love to hear views / feedback from other LL who have tried this route -  particularly around planning permission

    Thanks in Advance

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    What " AirBNB agency"? I thought you just go to airbnb, find and click the 'become and host' - put your details and you are all set!?

    Have you also checked in your lease terms too by the way whether this is allowed or not?

    Thanks.

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    Thanks for your response. There are a number of agencies who help out with AirBNB letting. I might not personally have time to coordinate with tourist tenants; the AirBNB setup is quite demanding , time-wise I think. I will check the lease terms (I have shares in the freehold company - not sure if it matters) and I think there are some other LLs doing AIrBNB in the block. I just wanted to understand what kind of planning permission I need from council, if any


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    Hi David,

    You would only need planning permission if you would like to let out your property for more than 90 nights per year. Airbnb will be limiting all 'hosting' on the site to 90 nights unless you can provide evidence you have planning permission, more information can be found here.

    While your mortgage allows holiday-lets, you would be wise to check your lease-hold agreement as that may stipulate the property has to be a 'residential property'. In addition, you would also have to ensure your insurance cover's Airbnb listings.

    Kind regards,

    RLA

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    The 90 Day rule only applies if it is David's own home. Assuming that the property is in the Greater London Council area, then he needs Planning Permission to let it out for periods shorter than 90 days.

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    No, the 90 day limit is for any residential property. The planning permission requirement is for short term letting for more than 90 days in a calendar year, in London.

    Davidgere needs to check more than his mortgage for permission. He also needs to check his lease, which may well restrict use to 'use as a private residence' or similar - short term letting would be a breach.

    He also needs to check that the freeholder's building insurance covers short term letting, because otherwise, he may be invalidating the building insurance - which would be both a breach of lease and potentially make him liable for very large sums if anything were to happen. (See the Brighton balcony collapse case in the papers recently).

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    Giles Peaker

    Anthony Gold Solicitors

    Thank you for that, I will take it back to WCC planning department who seem to think otherwise and have raided my tenants properties with warrants off the back of their beliefs.

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    WCC are pretty clear about it - https://www.westminster.gov.uk/short-term-letting

    Are you mixing it up with the 'less than 90 consecutive nights' bit? That is the short term letting element.

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    Giles Peaker

    Anthony Gold Solicitors

    Giles,

    My understanding was that the 90 Days was only allowed if the property was your principle residence as defined by your being the Council Tax payer (which isn't actually the same thing - e.g. HMO, but we don't need to discuss that).

    It used to be outright banned to rent for less that 90 days, but that was relaxed by this bit of the 2015 Deregulation Act - I know that these legal documents never seem to say what they mean, & I'm happy to defer to your reading of it, but I do think that the Government explanation of the law:

    But until today, London homeowners looking to rent their properties out for up to 90 nights would have had to apply for planning permission – under laws dating back to the 1970s. Those who failed to do so could have faced a fine of up to £20,000 for each unlawful rental. But changes to the law coming into force today alter that, and put London on the same footing as other towns and cities in England. Now, Londoners looking to rent their home out for up to 90 nights a year can do so without seeking permission from their council.


    supports my view that a London Landlord has to get Planning Permission before making ANY lets of shorter than 90 days, and that your quote from WCC is addressed to homeowners only.

    I can't believe that I've got the cheek to disagree over a point of law with both Nearly Legal and the RLA!

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