It usually starts the same way. A neighbour moves out, or stops living in their property full time, and suddenly there is a revolving door of strangers turning up with suitcases every Friday evening. The bins overflow, people sit in the garden drinking until 2am, and you never know who is going to be next door from one week to the next. Welcome to the world of short-term holiday lets.
Is It Even Legal?
In most of England, yes. There is no general law preventing someone from letting out their property on Airbnb or similar platforms. In London there is a 90-day limit per calendar year on short-term lets (under the Deregulation Act 2015), after which you need planning permission. Outside London there is currently no equivalent restriction, though the government has been consulting on introducing a registration scheme for short-term lets across England. Scotland has already introduced a licensing scheme.
However, there are several ways a short-term let can be unlawful depending on the circumstances. If the property is a leasehold flat, the lease almost certainly contains restrictions on subletting and commercial use. If the property is in a conservation area, the change of use might need planning permission. And if the owner is a social housing tenant, subletting on Airbnb could be a breach of their tenancy and possibly a criminal offence under the Prevention of Social Housing Fraud Act 2013.
The Noise Problem
Noise from guests is the most common complaint. The usual rules apply here. If the noise is bad enough to constitute a statutory nuisance under the Environmental Protection Act 1990, your council's Environmental Health team can investigate and serve an abatement notice. The fact that the noise comes from short-term guests rather than a permanent resident makes no difference to the law.
Keep a diary. Note the dates, times, what you heard, how long it lasted. If you can, record it on your phone from inside your own property. Councils take noise complaints more seriously when there is a documented pattern rather than a one-off complaint.
Planning and Change of Use
A property used as a home falls into Use Class C3 (dwelling house). A property used as a short-term holiday let could be considered a change of use to a sui generis use, which would need planning permission. Whether this applies depends on how frequently the property is let, whether anyone lives there as their main home, and how the use affects the character of the area. If your neighbour is running what is effectively a holiday business from a residential property with no planning permission, you can report it to your council's planning enforcement team.
What Actually Works
Honestly, talking to the owner first is still the best approach, if you can find them. Many Airbnb hosts are reasonable people who do not want angry neighbours and will put rules in place for guests. If that fails, the most effective routes are noise complaints to Environmental Health (they have real enforcement powers), reports to the platform itself (Airbnb does suspend listings with repeated complaints), and planning enforcement if the property is being used commercially without permission.
If you are in a block of flats, check the lease. The freeholder or management company may be able to take action for breach of the lease terms, which is often faster than going through the council.
Your email won't be published. Comments are moderated before appearing.