Can I stop my neighbour letting out his property for Airbnb or other short term lettings?
The answer is yes if any one or more of the following apply:-
- Your neighbour owns a leasehold property where the lease prevents any such parting of possession or requires the property to be used as a private residence or consent to be required for any parting of possession or sharing of occupation (see Iveta Nemcova-v- Fairfield Rents Ltd (6 September 2016) and Bermondsey Exchange Freeholders Ltd-v-Ninos Koumetto (1 May 2018)). In such circumstances, your lease may entitle you to require your landlord to take steps to enforce compliance by your neighbour with the terms of the lease.
- Your neighbour requires Planning Permission for such use but has not obtained it. In London, Planning Permission is required for any short term lettings where these are to be in excess of 90 days in any year and it can be refused if, for example, such lettings are likely to cause nuisance or security issues or will effect the sense of community of the building/neighbourhood.
- Such use is causing a nuisance. There have been many instances of neighbours being disturbed by noisy parties, noise generally, damage to common parts, water leaks, litter and constant traffic of people in and out the building with resulting loss of security. Nuisance can be restrained by either civil proceedings for an injunction or action by the Local Authority under statute. Civil proceedings are expensive but the threat of such action, and the likely liability for costs, may be effective in itself to ensure your neighbour ceases such nuisance. And, as well as securing injunctive relief, substantial damages can be sought to compensate for nuisance suffered and/or delays in being able to let or sale your property.
Jonathan is a partner in our Property Litigation team.