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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 6449
Experience:  Solicitor
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Am I breaching my tenancy terms by just advertising on the

Customer Question

Am I breaching my tenancy terms by just advertising on the airbnb site ? Or not until I actually sublet it? I wanted to see for research reasons what amount most people could charge in our property area.
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
These are the terms on our contract:
Not to assign sub-let or share the Tenancy or the Premises without the Landlord’s written consent whose decision shall be final.
Not to take in lodgers or paying guests into the Premises; and not to permit any persons other than the person named as the Tenant and his immediate family; or any other person approved of by the Landlord to occupy or reside in the Premises without the Landlord’s or the Agent’s written consent.
Expert:  Jamie-Law replied 1 year ago.

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

Have you sought landlords permission?

Customer: replied 1 year ago.
No.I put the advert on the site and it was seen by our estate agency. However we have never actually sublet the place.
Customer: replied 1 year ago.
I wanted to know if we have actually breached any terms just by advertising on airbnb (whether there was intent there or not) before we actually sublet the place.
Expert:  Jamie-Law replied 1 year ago.

yes you are. Not to take in paying guests. That is a term which you are breaching.

Sadly it says you can't go take in lodgers and paying guests. If you do therefore you will breach the agreement.

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
But we haven't taken any one in.What I'm asking is- as we just advertised is that a breach? ( I know it's a breach if we did actually follow through with it)
Expert:  Jamie-Law replied 1 year ago.

Then yes. Because you intend to have people in. You are saying to the landlord, this is what my plans are.

The ad itself no, but it shows intent to breach.

Does that clairfy?

Customer: replied 1 year ago.
But we didn't intend to, we were just researching the area for if we buy a place in this area. If just posting the advert doesn't break the clause that is all I need to know?
Expert:  Jamie-Law replied 1 year ago.

I realise That. It gives intention to breach so a court may view that as enough.

The advert itself is not a breach.

Does that clairfy?