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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Im in London, me and my wife rented out a room on airbnb and

Resolved Question:

Im in London, me and my wife rented out a room on airbnb and the landlady found out, what can she do? she's already served a section 21 Aug 7 (which is defective a it doesn't give strict 2 months notice as my research showed that its meant to be 2 full months from the date of when the rent is due ea month - i.e. the 10th) anyhow Im not worried she will evict us as renting room is in breach of lease Im worried about any other possible repercussions if she gets hostile if we stay
Ive taken down airbnb listing
thanks peter
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

When did you start the tenancy and does the agreement prevent you from sub letting please?

Customer:

the tenancy started on the 10 feb, yes it says its ok to have visitors and family (from memory) i don't know how this awful person found out i was renting a room but she chided me for being on y descry 61 years young, I can paste in her horrible letter if you want

Customer:

her sect 21 is defective as I stated as it doesn't strictly give 2 months notice i.e. 2 full moths from 10th to 10th to 10th,

Customer:

i read its social housing that makes it a crim offence or may be, not private

Alex Watts :

But does the agreement prevent you from subletting?

Customer:

is this ok for her to send, abusive, insulting it seems?

Customer:
Dear Mr and Mrs Stein,


Please see below an email from your landlord which she has requested be forwarded to yourself:


'Due to significant building works I need to relocate from my current accommodation. These works were due to start mid August. I appreciated that Mr and Mrs Stein had renewed their contract, and despite the additional costs to me I had pursued the option of alternative rental for 6 months. Your colleague Daniela (in Stoke Newington branch) had lined me up with a rental on Green Lanes which fell through. Unfortunately there were no other viable options, and Daniela agreed that the solution was to return to my own flat, and thus serve Mr and Mrs Stein with notice.

As I had served notice and had a date for the end of the tenancy, building work plans progressed according to the date that I could return to my flat. By 11 October the building work will render my current accommodation uninhabitable.

This was all explained at length to Hayley, with a request that she explain my position and considerations to Mr and Mrs Stein It is appears from Mr Stein’s email that this did not occur, and he appears to have the impression that I have not considered their needs.





Mr Stein’s comments of my behaviour as a landlord are unfair. I had concerns about agreeing a tenancy with them when the estate agency first approached me to request consideration of the Steins as tenants: they had no visible means of financial support and were from overseas. The agency advised me of how upset and stressed Mrs Stein was in their rental in Albion Road – apparently they had a dreadful neighbour and Mrs Stein was very distressed. I considered their predicament, felt sympathy for their situation, and thus agreed the tenancy. Mr and Mrs Stein made at least two late rental payments, and I did not invoke clause 8.2 of the tenancy agreement and thus no interest was charged. I did not increase the rent at the time of extending the agreement, despite suggestion from estate agents to do so. I have actioned repairs rapidly; in fact one repair was to fix the shower which Mrs Stein informed me had broken because her husband had yanked it because it had stuck – she then told me my shower was just a cheap bit of plastic – this was rude and untrue.

In any event I am shocked by the tone of the Mr Stein’s email. He criticises me as acting unfairly in invoking the break clause. This is unjustified. Leaving aside the fact that the Steins requested the break close and appear to have planned to invoke the break clause themselves in order to vacate the premises in December, invocation of the break clause is within the terms of the rental agreement which all parties accepted and signed up to.


Mr Stein in his email describes himself as a grandparent and a senior. This appears to be an attempt to present himself as elderly and frail, in contrast to another description of himself elsewhere as “61 years young”, enjoying participating in sport and overseas travelling

I never feel comfortable sharing personal details with strangers, but I feel particularly aggrieved at Mr Stein’s representation of me as an uncaring landlord. I am a full time critical care nurse, with a stressful and responsible job that requires a lot of extra hours in addition to my paid time. I am also a daughter, whose father was also once 61 years young. Unfortunately my father is in very poor health, suffering from epilepsy, Parkinson’s Disease and end stage dementia, and is now completely dependent for all his needs. I am responsible for supporting and maintaining the family home in Ireland, as well as care needs for my father and mother. This requires considerable time and effort on my part, and I struggle on a daily basis to cope with the emotional demands this places on me.

Now I find myself being judged and threatened by a stranger who is refusing to leave my flat. I have not slept properly since I read this email trail, and suffering anxiety as to what I am now going to do next month when my current accommodation is uninhabitable.

I understand the inconvenience caused to the Steins, and this is unfortunate timing for both them and me, but the Steins do have other options including family who live nearby who can support their accommodation needs. I have given 2 months notice, which is plenty of time to leave the premises comfortably.

Mr Stein has asked me to extend their stay until December. Even if I was in a position to do so I would have no assurance that the Steins would actually vacate, and I could find myself in the same situation in a few months time.

The threat of refusing to vacate and requiring eviction notices and legal proceedings is particularly nasty and upsetting. I do not appreciate unfair criticism, double standards or threats. I fear that any goodwill I felt before is now wearing thin.

This is all the more so since discovering this weekend that Mr and Mrs Stein have been renting out rooms in my property on AirBnB for well over a year, in clear breach of the tenancy agreement (section 10.21).

I am still requesting that the Steins vacate as per the original notice.

Please forward this email to the tenants in full'




Alex Watts :

But does the agreement prevent you from subletting?

Customer:

sorry so long, we paid her rent 18 months, she just invoked the break clause at the last moment - it was up on 10 aug and they seerved on the 7th, no discussion, anything

Alex Watts :

Ok - then you are entitled to 2 months notice, even when the tenancy is going to end you are allowed 2 months from the date of your next billing period.

Alex Watts :

She can not evict you -she MUST have a Court order

Alex Watts :

If she tries to evict without a Court order it is illegal and you can sue for unlawful eviction

Alex Watts :

You are entitled to 2 months notice, if you do not leave after that then they must serve proceedings for possession

Alex Watts :

To get this listed it would take a further 4-6 weeks.

Alex Watts :

Then even if they get possession it wont be immediate a Court would give a few weeks. Even then if you dont move then they need to get a warrant of eviction for bailiffs. That will take a further 6 weeks.

Alex Watts :

So all in all you would be able to get (even with notice) 3 months after the notice expires

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks Alex, I had advice the notice is defective. she didn't as said give 2 months notice its short a few days, its meant to be quite strict. I also rang TDS and she was meant to give me 3 things to protect the deposit. she gave prescribed info at the front of lease but no leaflet or official certificate,

Alex Watts :

Thank you. If that is the case then she can not take any step to evict you.

Alex Watts :

She needs all the information and prescribed details in order to issue a claim for possession

Alex Watts :

She must give you 2 full months notice, so even if it was not defective it would take effect from next month

Customer:

yes, the letter email she sent is it in some way damaging for her to include in my defence or is it deflamatory

Customer:

it was quite upsetting

Alex Watts :

Well even if it was defamatory you can't sue for that unless you have suffered serious harm

Alex Watts :

But then as I said if the notice is defective action can't be taken until rectified

Customer:

if u could please quickly read it, very emotional

Alex Watts :

Yes I have read it

Customer:

yes alex thank, I worked that out and will tell them 1st week of Oct

Alex Watts :

Great. Does this answer the question for you today?

Customer:

the q was can she do anything but evict for subletting, and also is her letter worth worrying about

Alex Watts :

No she can't do anything else save evict for that

Alex Watts :

And even then only if its in breach of your tenancy agreement

Customer:

is her letter defamatory?

Alex Watts :

No

Alex Watts :

It does not cause serious harm

Customer:

ok

Alex Watts :

In any event you would need to issue proceedings in the High Court

Customer:

haha

Customer:

ok

Alex Watts :

Cost of a contested trial is circa £10,000

Alex Watts :

So unless you have that sort of money to burn.........................

Alex Watts :

can I clarify anything else for you today?

Customer:

thanks, ***** ***** record and whatever it means she has a family home with her husband so I find the appeal a bit weird, think she just wants a higher rent. Anyhow thanks for the advice. I must admit compared to other solicitors Ive spoken to on this site you seem in a bit of a hurry. Ill let you go and thanks again, Cheers

Alex Watts :

No I am more than happy to help, but need to clarify whether I have answered the question or not

Alex Watts :

That is why I always need to check

Alex Watts :

Because if I have not I need to know so I can answer it for you!

Customer:

yes, mainly can she do anything against me for the airbnb thing. Evict...she already played that card, so ok thanks so much

Alex Watts :

She can't do anything else - no

Alex Watts :

But you do need to check to see if it is a breach of your tenancy.

Alex Watts :

Is there anything else I can help with today at all?

Customer:

no all good!

Alex Watts :

Great.

Customer:

u look very distinguished with your red book and cloak

Alex Watts :

If I could invite you to rate my answer before you go - there should be a button at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

It was when I qualified! Thank you

Customer:

ok

Alex Watts :

Have a great weekend, or the few hours left of it

Ash and other Law Specialists are ready to help you