Need legal advice - sticky AirBnb situation! :(

rodent789

So basically i decided to rent out my spare room on Airbnb for the summer. For those that dont know, Airbnb is what everyone uses for short-term lets.

Unfortunately I live in a private managed apartment complex and the management has discovered that I am renting out my room and are not happy (Possibly due to a neighbor complaining). There has not been any incidents of noise or anti-social behaviour, they are merely quoting one of the house rules that states 'No business may be carried out from an apartment'

Now I am in quite a sticky spot as I am liable to fines by the the management company, however If I cancel my reservations I am also liable to fines by Airbnb (Im booked for the next 4 weeks). Damned if i do, damned if i dont

So I am asking everyone on boards, is it legal for the management company to tell me what I cannot do with my spare room? (I own the apartment). How is it possible that they can say I cant rent out my room?

Mrs OBumble

What does your agreement with the management company say? (The one that you agreed to when you purchased the apartment).

coylemj

Without reading the entirety of the agreement you signed up to, it's not possible for anyone to answer your question. And you're not allowed to ask for legal advice on this or any other forum.

rodent789

Mrs OBumble wrote: »

What does your agreement with the management company say? (The one that you agreed to when you purchased the apartment).

Im not entirely sure. In the email it does say that the lease agreement states the apartment is to be used for a single private residence (I cannot confirm this as I don't have the lease handy). Im assuming that does mean I am in the wrong, but I am finding it hard to believe that I am unable to rent out my spare room for the summer and it must remain empty.

bren2002

Also, very difficult for a management company to actually impose fines. You probably shouldn't push it in terms of relationship damage, but they can't fine you.

Bob24

You need to carefully review your agreement with the management company and find out if it is indeed preventing Airbnb type of short term lets (or have it reviewed by a professional if you are not 100% sure).

If the management company is incorrect you probably need a bit of legal help to politely but firmly put them back into place.

If they are correct, there is not question: stop your Airbnb business immediately no matter what the penalties are. A bit of cash given to Airbnb is nothing compared the trouble of getting into a (potentially legal) dispute with the management company of a property you own.

Bob24

rodent789 wrote: »

but I am finding it hard to believe that I am unable to rent out my spare room for the summer and it must remain empty.

Is it only one tenant for the whole duration?

I doubt there would be any problem if you were renting it to the same tenant for the whole summer. What they are likely restricting is very short term lets whereby people keep coming and going (most long term residents would support this type of restriction as holiday lets typically cause additional issues which are difficult to control).

rodent789

Bob24 wrote: »

Is it only one tenant for the whole duration?

I doubt there would be any problem of you were renting it to the same tenant for the whole summer. What they are likely restricting is very short term lets whereby people keep coming and going (most long term residents who support this type of restriction as holiday lets typically causes additional issues which are difficult to control).

You're probably right. Its not one tenant, its new tenants staying for very short durations (Sometimes only one night)

The reason I made this thread is that it seems the management is trying to overstretch the house rules to cover a grey area, to suit themselves.

it is a grey area because there is nothing defining the duration of stay to separate an Airbnb reservation from a short-term tenant.

bren2002

is anyone in the complex with a buy to let?
There's very little difference, other than people's concerns of lots of unknown people around the place. But it's not that much different in terms of a business.

rodent789

bren2002 wrote: »

is anyone in the complex with a buy to let?
There's very little difference, other than people's concerns of lots of unknown people around the place. But it's not that much different in terms of a business.

I wouldn't know. Renting is fine, we rented the spare room to a student for the academic year and had no problems. It is just now that we are doing Airbnb, the management has issues. And as I mentioned before, it seems that they are trying to stretch the rules to cover this situation when they have no grounds to. Airbnb has only gained rapid popularity in the past year or so, therefore it is not addressed in the house rules.

I understand their concern with unknown people walking around, but there has been absolutely no issues with any of them doing anything.

bren2002

Check with prtb, their website will you if anything is rented.

screamer

I'm no legal expert but if they've no problem with renting then they can't have an issue with short term renting either. I presume you're not a business so that's a grey area too. Get a solicitors advise for what it'll cost to give you some peace of kind.

Miaireland

You need to sit down and read the agreement that you signed with the Managment company at the start. What are you going to do for parking etc for the guests?

rodent789

Miaireland wrote: »

You need to sit down and read the agreement that you signed with the Managment company at the start. What are you going to do for parking etc for the guests?

I am planning to do that. Most guests are just young (20-30) tourists who are visiting Ireland and dont have a car. There is a space that I do not use for those that rent a car.

There really isnt much in the way of issues or problems, it just seems that the management is trying to regulate for the sake of regulation.

Sleeper12

rodent789 wrote:

it is a grey area because there is nothing defining the duration of stay to separate an Airbnb reservation from a short-term tenant.

Airbnb is considered a business by the revenue so it is a business you are running.

Renting the spare room to a single Tennant for a few months or even years is not considered a business by the revenue so long as you earn less than 12 or 13 thousand euro.

Technically you are running a business & it would seem that the management company is correct.

caff

bren2002 wrote: »

Check with prtb, their website will you if anything is rented.

Ptrb wont care about single room rentals as that is a licencee agreement not a tenancy

irishmoss

South Dublin County Council don't see letting out a single room in your house as a commercial activity and therefore doesn't require planning permission. If the whole apartment or house was let it would require planning permission.

ohnonotgmail

irishmoss wrote: »

South Dublin County Council don't see letting out a single room in your house as a commercial activity and therefore doesn't require planning permission. If the whole apartment or house was let it would require planning permission.

this is an apartment not a house. the issue is not planning permission, the issue is the head lease of the apartment complex. this specifies what apartment owners are allowed to do.

irishmoss

ohnonotgmail wrote: »

this is an apartment not a house. the issue is not planning permission, the issue is the head lease of the apartment complex. this specifies what apartment owners are allowed to do.

I understand that but they are trying to say it's a commercial venture he is running from his home but if the Councils don't see it as commercial why should the management company ?

highgiant1985

I read this today: http://www.independent.ie/business/personal-finance/property-mortgages/city-apartment-made-79000-through-airbnb-34769131.html

Quick Summary:

Temple Bar residents recently wrote to Dublin City Council seeking to have it clarified whether a property in the area, that is let almost constantly as a short-term holiday apartment, needed planning permission for commercial use.

Dublin City Council has just responded to the residents, giving the crucial verdict that the development is not exempt from regulations to obtain planning permission.

Appreciate the OP scenario is slightly different in they refer to letting a room not the entire apartment but this is still an interesting read as part of the overall conversation I think.

ohnonotgmail

irishmoss wrote: »

I understand that but they are trying to say it's a commercial venture he is running from his home but if the Councils don't see it as commercial why should the management company ?

the councils opinion is irrelevant. what is relevant is the contents of the lease that the OP agreed to. that can place restrictions on the property over and above anything the council cares about.

Sleeper12

irishmoss wrote:

I understand that but they are trying to say it's a commercial venture he is running from his home but if the Councils don't see it as commercial why should the management company ?

It is a business according to the revenue commissioners. That is a fact. Management company are saying he's not aloud to run a business. Op does not own the free hold on the property so has to follow the rules. There's nothing wrong with him renting the room to a single Tennant.

nuac

Sorry to have to close this as we may not gve legal advice here.

You need to talk to a solicitor who has had a chance to consider the relevant documents including the lease of the premises, the agreement with your management company, and any house rules in the apartments

Sleeper12

http://www.irishtimes.com/news/politics/airbnb-it-is-all-there-in-the-revenue-rules-1.2359180