Tamsin Cox & Julia Petrenko examine a useful authority for freeholders of residential buildings in relation to Airbnb
- Risks of letting property on Airbnb.
- Upper Tribunal clarifies meaning of “residence”.
Over 40,000 properties in London are listed on Airbnb: a website which allows home owners to list their property, or a room in it, as short term accommodation for tourists or other visitors. That number is growing year on year as more and more Londoners seek to make extra money from their underutilised space, and more and more visitors seek to avoid the costs of hotels. There are however potential legal difficulties, one of which was considered by the Upper Tribunal in Nemcova v Fairfield Rents Ltd [2016] UKUT 30 (IAC), [2016] All ER (D) 130 (Jan).
Facts of the case
Ms Nemcova was the long leasehold owner of a flat which she let on Airbnb. Pursuant to the lease, Nemcova covenanted not to use the property or permit it to be used for any illegal or immoral purpose or for any purpose whatsoever other than as a private residence. Fairfield Rents Ltd, the freeholder
