Living under an Airbnb is hell.

[ThatDenimGoose]

So I live in a Victorian home that is split up into three apartments and I live on the second floor and the owner of the apartment above me has changed from a long term rental to a short term and has been taking bookings on Airbnb since the end of last year. Since then my neighbour on the ground floor and myself have been having issues with the endless rotation of different guests and also the owner has changed a two bedroom into a three bedroom apartment that can occupy up to six people. These guests come at the weekend and they make so much noise such as loud conversations and I can hear them stomping about upstairs and because the staircase is hollow the noise is amplified, lots of disturbances. A lot of loitering on the staircase also guests can keep their hands to themselves always touching personal property in the foyer. (We have Ring cameras) They go out after midnight and come back in the early hours of the morning drunk. And they also leave the shared entrance door open.

I feel living underneath this Airbnb it sounds like a party in my case even though music is not played. Just a property like this should not be taking that amount of people. I’ve complained to Airbnb with a copy of my noise journal but they say it has been resolved but they can’t disclose info because of privacy.

This has caused me so much grief and I feel absolutely helpless. Any advice would be much appreciated.

All the residents including myself are freeholders. It’s not a sublet.

As it’s a 19th century old building the title deeds don’t have any covenants that prohibit commercial use of the residential building.

Ive put up signs everywhere in the building that it’s beginning to look like a hotel.

I’ve just moved into the building 4 years ago and love it but at the time long term tenants lived upstairs. I am looking at moving after I’ve paid off the mortgage but that will be in 6/7 years time.

You have my utmost sympathy OP. This happened to me in the past and in the end we moved. I now do not use Air BnB. I did like reading my neighbours reviews though, about the annoying neighbour next door who asks you keep the noise down, asks you not to smoke in the hallways, asks you to move your car out of her parking space…

Say why to whom? Potential buyers? That's not going to help!

I’m based in Edinburgh they have already started regulating it but haven’t looked at all the applications of airbnb units in Edinburgh. Though the airbnb above me has only been operating as a short term let after Aug 2023 without a license which is illegal.

You have my sympathy OP, it sounds like hell. I live in an apartment in a converted house built in 1750. We're all freeholders and our lease states no commercial business to be run from the premises. Have you checked your lease? You and the other tenant could apply for a variation of your lease to prohibit holiday lets. The owner of the airbnb apartment would likely object, but you and ground floor apartment could take it to tribunal. You'd have a good chance of succeeding as the tide has really turned against airbnb.

As OP is in Edinburgh it is very unlikely to be a leasehold flat. I guess the council are the ones to complain to?

Complain to councils planning dept in case they need planning permission

complain to the council environmental a health dept about the noise

call the police every time it gets really bad

every time something happens complain to air BnB

can you put reviews on the air BnB for this flat? Do so about noise etc

I'd also report to the council

Call the police

Every

Single

Time

Well that's easier
Look at the lease and see if it bans short term letting (less than 90 days typically)
Report to the council that it is an unlicensed airbnb and that you oppose it. Then start calling the police and emailing the council every time there is a noise- so that there is a long log of it being an issue.

Check if the change from 2-3 needed planning and or building regs.

If neither of these solve it then formally hold a meeting with due notice given and the other 2 flats vote to make the change (get some legal advice)

In the meantime you could make it inconvenient- no drop boxes permitted, insist on an outer lock change every time there is a key issue etc. Restrict the amount of keys allowed per flat etc. Put in the service charge (if you have one) that each flat has to cover any additional costs/damage themselves rather than shared etc

Increase the service charge for 3 bed flats (if you have one)

Check if they should be paying commercial rates

What are the rules for changing the regulations in the leases? If you are all freeholders jointly wouldn't you have a 2/3 majority to make a change? I don't know if that's possible but I would be looking into it.

The lack of short term let licence should also help in terms of ability to report.

It doesn't work like that. All leaseholders have to agree to a variation of the lease. It's possible to take the issue to tribunal if there's an objection but obviously it costs. I've been through this recently.

I think OP's neighbour probably hasn't got the correct permissions in place to be running an Airbnb in the first place, so there's hope.

Yes that’s correct. The owner has been running his apartment as a long term rental since he bought it several years ago. To acquire a Stl license in Edinburgh you would have needed to be operating as an Airbnb for at least 5 years and before the deadline of Oct 2023. That’s not the case with the airbnb above me. He literally operated as an airbnb at the deadline. Also he has applied for certificate of lawfulness which doesn’t alert neighbours but I still objected to it through the council website. What ever happened to a peaceful quiet life? I’m grateful for all the advice so far. Makes me feel like I’m not alone in this situation.

How are keys collected? Where is the key safe?

That question seemed a bit random but this seems to have stopped a lot of airbnbs in Glasgow tenements

Hope the advice works, I second contacting HMRC as well. Not sure other than them and the Council what options there are under Scottish law.

The airbnb host originally had a key lock around the railings outside the main entrance. But we told him it’s listed property and can’t be there. So now guests have to collect keys at a local corner shop.

Report to air b n b, report to freeholder, report to council. Try and get hold of the owners contact details and phone them every time you are disturbed. I'd be tempted to report to HMRC too.

Be a nuisance. IMO Air b n b and the like need tighter regulations and impact on neighbors and communities needs to be addressed.

Someone has started one down my mum's road. The old people who lived in it have died and it's gone to the adult children. There is something in the will about it not been able to be sold until one of their children (who is disabled and in a residential home) dies (it's very much a local hoo ha). It is a large 5 bed property so can accommodate up to 12 guests. It's walkable to town and there is an activity centre about 10 minutes drive away.
They have installed an outside "bar" (read glorified shed) and a bloody hot tub. The garden is covered in fairy lights and solar lights. There seems to be some kind of speaker system or every hen party is bringing speakers with them as there is music every weekend. It is full of hen parties every weekend and the noise is ongoing until the early hours and travelling all the way up and down the street. The local councillor lives 5 doors away and has flagged it to the planning department, the whole street is filling out noise complaints. The adult children have been contacted and are not willing to take it down off air BNB because they have to pay costs for an empty house and they are not allowed to sell it. This air BNB is surrounded by pensioners, people in their mid 50s and 2 families with babies and toddlers.

Airbnb is a disgusting parasite.
Every now and again you and your neighbour should get the main door lock changed and be a bit slow to let your money grubbing neighbour know.

Of course in the meantime do all the sensible things other posters have mentioned to get this nonsense shut down.

I live next door to a bnb.. Absolute nightmare.. Lots of knocking on our door asking if we have rooms!! Parking is a hideous issue..
Complained many times to manager.. Discarded cigarettes thrown where my dogs go outside... Rubbish over my wall. Weed smoking out the windows... Once had a man smoking a joint playing his guitar on the front green.

All of this.

Have you complained to your local councillor or MP?
Complained about similar matter to Alistair Darling many many years ago and it worked!