Air bnb & issue with shared drive

[Rubyrecka]

Not my property but MIL.

MIL & FIL have had issues with their neighbours of their holiday home ever since they moved in. Always receiving solicitors letter for some reason or another. It's become a bit tit for tat, as u can imagine.

So they decided to put their property on air bnb and have since received a letter from the neighbour sols saying that they can't use the drive as it's intended for single dwelling? And not intended for commercial use (the drive that is) Does anyone know anything about this? Do they have a point legally and do my MIL/FIL have any rights to use their house as they want?

Any thoughts appreciated

Yes the neighbours are correct, if you can't use the drive for business purposes that would exclude AirBnB users too.

They should speak to their solicitor and check their deeds.
I would hate to live next to an air b&b especially if we had to share a driveway.
Do you need special insurance to be an air b&b. (Just curious about that bit)

"Always receiving solicitors letter for some reason or another. It's become a bit tit for tat, as u can imagine. "

What were they even doing before that warranted solicitors letters!? their poor neighbours

@OhForGodsSakeWhatNow I've no idea to be honest I am just aware that they've never really got on. I think initially they did but then the MIL complained that they were drilling in to her wall and affixing some kind of trellis to it. Which set this whole thing off. So it's been two ways unfortunately.

Sounds like a nightmare you don't know the whole story about tbh. Solicitors letters I'd be pulling out from air b n b.

Whats the wording of the easement?

A “dwelling” is just a house. A house does not stop being a “single” dwelling because it’s being used for commercial enterprises. A residential dwelling might infer that it should be used as a single occupancy - but it doesn’t sound like it says that?

@idontlikealdi

Sounds like a nightmare you don't know the whole story about tbh. Solicitors letters I'd be pulling out from air b n b.

I wouldn’t. Solicitors write what they’re paid to. We have no idea of the strength of their argument.

Maybe they just resent somebody making money from a second home when presumably local folk are priced out?

What Dino hat said. You need the precise wording to work this out- it could be to prevent tenants of multiple flats / an HMO using the drive if the house is converted. Preventing commercial use is also more likely aimed at someone setting up business as a garage / etc on the driveway itself. Parking of a single car makes no difference in practice whether it’s the owner’s or their tenant’s.

If the do deeds restrict commercial use, Airbnb is likely to count as commercial use.

Honestly, I hope the legal side falls in the neighbors favor. If must be awful to live next door to an endless stream of random people on holiday.

@DinoHat

Whats the wording of the easement?

A “dwelling” is just a house. A house does not stop being a “single” dwelling because it’s being used for commercial enterprises. A residential dwelling might infer that it should be used as a single occupancy - but it doesn’t sound like it says that?

'You will recall that the deed affords access to xxxxxx via our clients property.

1. Permitted use - the use of xxxxxxx as a single private residential dwelling house with ancillary gardens and outbuildings etc.
2. Rights are set out as follows: a) The right at all times to pass and re-pass over the driveway with or with out vehicle and animals for the purpose of providing access to and egress from xxxxxx and highway in connection with the permitted use.

It is absolutely clear therefore that access can only be utilised in accordance with the permit and the Air BNB is outside of that permitted use.'

@Pinkpaisley

If the do deeds restrict commercial use, Airbnb is likely to count as commercial use.

Honestly, I hope the legal side falls in the neighbors favor. If must be awful to live next door to an endless stream of random people on holiday.

They haven't even started rented it out yet!

The first mistake your IL's made was buying a house with a shared driveway. Recipe for disaster

@BingBunnyIsAnnoying

The first mistake your IL's made was buying a house with a shared driveway. Recipe for disaster

How dramatic. This arrangement is typical of a number of properties with absolutely no issues in practice whatsoever.

Permitted use is usually a user clause for a lease, not freehold property. Is this the TP1?

I would instruct a solicitor to have a quick look over it.

Is it the neighbour's driveway or a shared driveway? if the former they probably can stop it, if the latter, less likely and you'd need to look at the deeds/what's on the Land Registry. From the letter it sounds like it's actually the neighbour's but that might just be the solicitor wording it in a certain way.

How do they even know they're thinking of letting it as an AirBnB? Have they seen the details on the website? I hope your inlaws didn't tell them!

Maybe leave it for this year and then quietly start doing it next year or later on this, eg from September but not in the summer.

That doesn't sound like a shared driveway but a right of access.. However that sounds like the solicitors letter what you actually need to check is your parents deeds.

Thinking about this more, even with the wording, the house is still a single dwelling house even if let to different people. In terms of driveway use, it's no different whether one family uses it every day, or 52 families use it for a week each over the course of a year. Same amount of use, possibly less as holidaying families won't have friends and relatives over, in general.

I'd write back to the solicitors and say there's nothing in that wording preventing them from running an AirBnB.

Another thought: is there anywhere else visitors could park? They could perhaps take the car up with luggage and then park elsewhere for the time they're there? Although I suppose if they are on foot they are more of a target for crazy neighbour.

I wouldn't care if the house next to me was let for holidays as long as the people were quiet. That would be my biggest concern.

Are they permitted to let as an Airbnb? Our house has covenants that expressly forbid commercial use including holiday let's (to ensure properties are available for permanent residents

@poppycat10

Thinking about this more, even with the wording, the house is still a single dwelling house even if let to different people. In terms of driveway use, it's no different whether one family uses it every day, or 52 families use it for a week each over the course of a year. Same amount of use, possibly less as holidaying families won't have friends and relatives over, in general.

I'd write back to the solicitors and say there's nothing in that wording preventing them from running an AirBnB.

Another thought: is there anywhere else visitors could park? They could perhaps take the car up with luggage and then park elsewhere for the time they're there? Although I suppose if they are on foot they are more of a target for crazy neighbour.

I wouldn't care if the house next to me was let for holidays as long as the people were quiet. That would be my biggest concern.

You've missed out the word residential which is surely the key word, IMNAL but won't it come down to whether air b n b classes as residential use

I'd tell them to take their own legal advice and even if it is allowed to go ahead I suspect the neighbours might make guest stays unpleasant and the reviews might end up negative leading to no lets

You need to check the actual wording of the deeds, but if it is as set out by the solicitors then it sounds like the neighbours are right.

A holiday home is not a “private residential dwelling” - there have been cases on this.

Eg see www.thursfields.co.uk/holiday-lets-pay-close-attention-to-covenants/

www.forbessolicitors.co.uk/news/47122/when-is-a-private-dwelling-house-not-so-private

www.frettens.co.uk/site/library/frettensnews/Do-you-need-permission-to-run-an-Airbnb-solicitors

It doesn't sound like a shared driveway. It sounds like they have a right of passage over the neighbours own property. It also states "private, residential dwelling" an airbnb is not that.

So no, I don't think PILs have the right to allow people who rent their airbnb any access over the neighbours property.

Maybe it would be better for your in-laws to sell the house and buy something with less awkward neighbours.

Although that will be difficult in itself as you have to disclose disagreements with neighbours.