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

@DinoHat sorry what is a TP1? They own the property.

@poppycat10 I've attached a pic of the setup. Basically they need to drive over the neighbours property (the drive) to get to their own drive and house. Yes there's other places they could park I suppose but it would likely be the same issue becos the people would still need to cross their drive in order to gain access to the house.

It doesn't say anything about commercial use it's more the fact that they don't want people passing through their drive from what I can see.

They sound like they’ve built at the back of their garden, made some money, but now want to continue to exert control and not allow the new owners to have any enjoyment of it.

Would this be the same if they decided to let the property to someone on a semi-permanent basis?

It sounds like they’re right and the use probably doesn’t fall within the permitted use. Get it checked by a solicitor to see who has the benefit of that restriction/who granted the easement, just to make sure it was intended to benefit crazy neighbour. Also to check the wording generally.

@Rubyrecka

Would this be the same if they decided to let the property to someone on a semi-permanent basis?

What do you mean by semi permanent? If it’s on an assured shorthold tenancy that I would be fine.

It's not a "private residential dwelling house" if it's an air BnB. I think the neighbours are right in this case.

Definitely get a solicitor to look at the documents pertaining to the house regarding access over the drive.

@DinoHat I mean renting it out to someone for 6 months or a year

Op said it was a holiday house in her first post. So MIL uses it as a holiday home already? Is it restricted use?

[quote Rubyrecka]@DinoHat I mean renting it out to someone for 6 months or a year [/quote]
Yes that’s fine - it’s residential.

[quote 2bazookas]www.frettens.co.uk/site/library/frettensnews/Do-you-need-permission-to-run-an-Airbnb-solicitors[/quote]
That's helpful. Thank you

They need to take solicitors advice, not rely on a letter from neighbours solicitors

@NicolaDunsire they own it outright if that makes a difference?!

[quote Rubyrecka]@NicolaDunsire they own it outright if that makes a difference?! [/quote]
Not in the context of this discussion it doesn’t, no.

[quote Rubyrecka]@NicolaDunsire they own it outright if that makes a difference?! [/quote]
No, but since you described it as a holiday house I wondered whether it was solely a holiday house - some properties cannot be occupied full time and are restricted to holiday use only - in which case the legal position over use as an Airbnb could be different to a house that permits permanent year round residence.

I think they can let it as an assured shorthold tenancy and it will stay as single private residential, but Air B&B is too short-term and tips it over into commercial hire.

This case was in relation to the sub-let of a 999-year leasehold:

www.shoosmiths.co.uk/insights/articles/airbnb-is-a-breach-of-residential-use-in-a-lease-14119

@NicolaDunsire I see. They use it as a holiday home but they indented on retiring there in a few years, until the issues with the neighbours started so I don't believe they have it solely as a holiday home.

I think they can let it as an assured shorthold tenancy and it will stay as single private residential, but Air B&B is too short-term and tips it over into commercial hire

You are probably right, but a lot will depend on the context and what else the documents say. "Residential" could mean a lot of things eg owner occupier, letting on a semi-permanent basis as you say or even as in this case holiday hire as it's not commercial/business use per se - some of these covenants were to stop people running businesses from their homes like car maintenance or hairdressing but would not have foreseen AirBnB. But it could even prevent letting as it is effectively commercial if you are making money out of it. Interpretation of legal documents isn't always easy, that's why we have courts and (some) lawyers make so much money!

Also agree that some holiday homes can only be used for short term letting/occupation and can't be used as a permanent residence but I think it's fairly unlikely where something is a proper house.

But really, if the neighbours are that much of a nuisance you're better getting out.

Airbnb is clearly a commercial holiday let and not residential.

They need proper legal advice

Your PIL should check their household insurance policy to see if it includes legal expenses insurance, which would probably cover the cost of a solicitor looking at this. Far safer than relying on advice from strangers on the internet

Yes, they are seeking legal advice.

It's hard to know who's been in the wrong in the long run. You call them crazy neighbours but you also refer to their property as shared property. Having right of way for specific purposes over someone else's property doesn't make it shared. And if your PILs have the opinion that it is shared I can imagine it would cause alot of issues for neighbours, solicitor letters implies that the preexisting issues have been legal disputes, probably over property.

In this case I'd say neighbours are 100% correct that the right of way over their property doesn't include access for short term holiday lets and I think it would be super shitty anyway to make it an airbnb when the houses are so close together and their house is accessed over neighbours property. It's not something a considerate neighbour would do.

@AnUnoriginalUsername

It's hard to know who's been in the wrong in the long run. You call them crazy neighbours but you also refer to their property as shared property. Having right of way for specific purposes over someone else's property doesn't make it shared. And if your PILs have the opinion that it is shared I can imagine it would cause alot of issues for neighbours, solicitor letters implies that the preexisting issues have been legal disputes, probably over property.

In this case I'd say neighbours are 100% correct that the right of way over their property doesn't include access for short term holiday lets and I think it would be super shitty anyway to make it an airbnb when the houses are so close together and their house is accessed over neighbours property. It's not something a considerate neighbour would do.

'Super shitty'

I take it you've never used Air BnB before then 😄

Tbh that's what I'm framing that opinion on. I love Airbnb. But I don't doubt that the neighbours would rather us not turn up, drive round trying to find the right place to park, possibly late at night, then get a grocery delivery, certainly at night, be opening and closing the car, moving all our stuff in etc. Having a bbq, drinking, kids playing and staying up late. Holidayers are the worst neighbours.