AirBnB

Question 1

What interest might AirBnB lettings create?

Answer 1

• Letting a room whilst host remains there: Most likely a ‘lodger’ situation, (licence) especially is shared by separate individuals
• Letting a room while not staying there: could be a tenancy
• Letting a whole place: if guests have exclusive possession will likely be tenancy, but could be licence otherwise

Question 2

What are licencees allowed to do in terms of AirBnB?

Answer 2

generally, if you have a licence you cannot grant a lease (assuming an AirBnB-esque agreement is a lease) (Nemo dat principle)

Question 3

What if the host is a short-term tenant?

Answer 3

Assured Shorthold Tenancies: most expressly prohibit ANY subletting OR licence of whole or any part. If done, LL has option to terminate agreement

Question 4

What if the host is a long-term tenant?

Answer 4

In absence of a specific schedule forbidding the underlet of part only, letting a room while you’re still there might be ok

Question 5

What did the contrasting cases of Swan and Nemcova establish?

Answer 5

Swan: AirBnB agreements are leases, duration irrelevant, tenants were subletting contrary to terms of lease; landlord wins

Nemcova: Despite no blanket covenant against subletting of the whole place, AirBnB agreements were too short to be consistent with “private residence”

Question 6

What if the host is a freeholder?

Answer 6

AirBnB hosts who offer shot-term lets without seeking permission from their mortgage lender are ‘very likely’ to be breaking their mortgage contract