Help! How do I stop my neighbour letting out their property on Airbnb?

In the current cost of living crisis, with sky-high property prices, and incoming rental law reform, an increasing number of leaseholders and homeowners are turning to short-term letting agencies such as Airbnb to generate extra income from their property.

While these short-term lettings might seem like a quick and easy way to generate income for the occupier, they can be disturbing to those living nearby and can have legal ramifications. So, can you stop your neighbour from letting out their property on a short-term basis?

Failure to obtain planning permission

Your neighbour may require planning permission to let the property on a short-term basis. In London, you must obtain planning permission if you are intending to let your property out for over 90 days a year (see Sections 25 and 25A of the Greater London Council (General Powers) Act 1973). You can check the local authority’s planning portal to see whether your neighbour has obtained the relevant permissions. If planning permission has not been obtained, the local authority may be willing to take enforcement action to restrain the unauthorised use.

Breach of the lease

If your neighbour holds their property pursuant to a long lease, the lease might require the property to be used only as a private residence: to let the property on a short-term basis is likely to be a breach of this provision. The lease may also prohibit the letting of the property on a short-term basis without consent from the landlord and/or without appropriate planning consent. The use of the property as a short-term letting may also invalidate the building’s insurance and be contrary to the terms of the leaseholder’s mortgage. If any of these apply, you may be able to ask your landlord to take steps to force your neighbour to comply with the terms of their lease.

Private or statutory nuisance

The use as a short-term letting may constitute either a private or statutory nuisance, or both. In the first instance, you may wish to alert the local authority of the actions of your neighbour, as they may be able to take action against the neighbour if their actions amount to a statutory nuisance, which can include things like noise and light from a premises or an accumulation of waste. The local authority may serve an abatement notice to restrain the nuisance. Alternatively, you could bring civil proceedings for an injunction compelling your neighbour to stop any private nuisance. These proceedings are expensive but the threat of proceedings and your neighbour’s liability for costs could be sufficient to stop your neighbour’s actions.

If you require advice in relation to any of these issues, please contact our Property Litigation team.