AirBnB

riemann · 14-08-2019 06:35PM #1

It has become common to rent out a residential unit as short stay accommodation when the unit doesn't have the appropriate planning permission.

AirBnB accomadate and one could say encourage this illegal* activity.

Is it possible for one to sue AirBnB directly for this action? Loss of amenity, reduced value of neighbouring properties etc..

*may not be technically illegal but you get my drift

nuac · 14-08-2019 09:39PM

Mod
Leaving open for general discussion subject to forum rules.
Extra marks for discussing joining the planning authority

Peregrinus · 15-08-2019 01:24AM

It wouldn't be easy to sue AirBnB, I think. In general it's the owner of the property that requires planning permission. And, even if the owner is in breach of that requirement, the sanction is enforcement action by the planning authority. The planning authority may act on the basis of complaints from affected neighbours, but that's not the same as the neighbours themselves directly suing for and recovering damages.

So you've got two hurdles to cross. You need to establish:

1. Acting in breach of planning regulationgs gives rise to a liabilty in damages to neigbours who are adversely affected.

2. This liablity extends not only to the property owner/occupier but also to contractors and service providers who are involved in the offending action.

These are both novel propositions of law, SFAIK.

amen · 16-08-2019 09:47PM

2. This liablity extends not only to the property owner/occupier but also to contractors and service providers who are involved in the offending action.

If you could prove this and informed say a utility company (electricity( and they continue to provide service could they then also be a party to the case?

nuac · 16-08-2019 10:34PM

Peregrinus wrote: »

It wouldn't be easy to sue AirBnB, I think. In general it's the owner of the property that requires planning permission. And, even if the owner is in breach of that requirement, the sanction is enforcement action by the planning authority. The planning authority may act on the basis of complaints from affected neighbours, but that's not the same as the neighbours themselves directly suing for and recovering damages.

So you've got two hurdles to cross. You need to establish:

1. Acting in breach of planning regulationgs gives rise to a liabilty in damages to neigbours who are adversely affected.

2. This liablity extends not only to the property owner/occupier but also to contractors and service providers who are involved in the offending action.

These are both novel propositions of law, SFAIK.

But procedurally e.g under S.160 of the 2000 Planning and Development Act other parties apart from the P.A may seek an injunction to cease a development and make good.
Unlike a PA would have to give undertaking as to damages.

Peregrinus · 18-08-2019 10:36AM

amen wrote: »

If you could prove this and informed say a utility company (electricity( and they continue to provide service could they then also be a party to the case?

This is precisely the kind of consideration that makes me think that you'd have great difficulty in establishing the principle in the first place; if the principle were accepted all kinds of people would find themselves implicated in what are essentially private disputes between individuals.

AirBnB

Comments