Mgmt company preventing short term lets

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SomeRandomer

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I have a 2 bed apartment in Dublin 8 that I've been renting out on a short term basis on Airbnb. I recently received a letter from the management company saying that short term lets are in breach of the lease and are prohibited.

They highlighted this clause in the lease:

"The Demised premises being an apartment the Lessee shall not use the premises or any part thereof for any illegal or immoral purpose nor allow any trade or business to be carried on there nor any boarders or lodgers to be taken but shall use the premises for the purpose of a single, private or private and professional residence only".

They go on to say

"This clause specifically prohibits us of the apartments for business purposes. It further prohibits any boarders or lodgers. The plain meaning of this would prevent owners from renting out a room whether through Airbnb or otherwise. Anyone renting a property under Airbnb is not using it as their private residence."

They then say anyone renting their property for short term lets would be issued with a warning letter regarding breaches of the Lease, and if necessary they would bring court proceedings to force compliance with the Lease. They would also make a complaint to the local authority so that enforcement action can be taken in relation to the breach of planning.

So are they 100% correct in this, and I have to stop short term rentals? I read that Dublin city council haven't taken a position on short term rentals and were reluctant to get involved in policing this whole area.
 
Not really answering your question but is it worth messing around with the management co?
 
Continue doing as you are, there was discussion that planning might be required but I don't think that is in place yet if ever it will be.

You own the unit, you can use it as you like as far as I would be concerned, once your lodgers are not causing a nuisance to other occupiers of course, no noise or parking issues.

All that said is it worth the hassle.
 
It might be worth asking what the difference is between air BnB lodger and renting a room out for example? That would be a lodger so are they banned too? Are you advertising the full property for short let's, when you live there most of the time or do you live somewhere else and want to short let it most of the time?

I have heard of another mgt co that banned air BnB let's, there was a story in the paper of a family who were renting out their apartment in Dublin this way and management company clamped down on it.

Another point to consider, they threaten you with legal action. You are a member of the management company and the budget each year is approved by the members. You could raise it at AGM and see if members want to spend significant amount of company funds pursuing this action. If members and directors don't approve the spend, the management's agent representing the company cannot go ahead with it.

Finally as yet I don't believe there is a planning requirement for air BnB short let's but a call to your local council should confirm this.
 
While Airbnb could fairly be said to be taking properties away from the long term rental sector it is providing reasonably priced accommodation for tourists in cities where there is a shortage of hotel rooms.
There is also a terrible begrudging attitude to anyone who makes a profit in this country. I would also believe that the majority of Airbnb earnings are not declared for tax purposes. There is a bill going through the Senate which proposes restricting short term rentals to a total of six weeks in a year.
 
Generally where there is a management company clampdown on AirBnB its for antisocial behaviour. If your lets went to quiet visitors nobody would have noticed, but I think much of the issue with AirBnB is its popularity with those who come to party, which almost certainly will result in a barrage of complaints to management companies. Chances are you've either had such complaints or ignored them, or another AirBnB owner has failed to act, so the management company rules have been used to come back at whatever owner was not responding. AirBnB isn't itself the problem, the problem is that with many other accommodation services likely to reject hen/stag style groups in a city where this makes up a huge proportion of visitors, such forms of long term accommodation will be a strong option.
I'd suggest talking to the management company as you do have a voice as an owner, and trying to find out if a compromise can be reached. Not sure how readily they can enforce their "rules" but would suspect they probably can do a lot to make your business difficult to operate.
 
Vanessa said:
I would also believe that the majority of Airbnb earnings are not declared for tax purposes.
Click to expand...

Every penny of Airbnb income is declared by Airbnb directly to Revenue.

Airbnb files a Form 46G with Revenue each year showing details of every host and their exact income from Airbnb.

It really isn't nice to slag off a large group of people, who are working hard to earn some money, developing the capacity of the tourist industry, to the benefit of many other service providers and paying tax, when you have no idea what you are talking about.
 
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Vanessa said:
There is a bill going through the Senate which proposes restricting short term rentals to a total of six weeks in a year.
Click to expand...

I dont believe that this is correct either. My local TD tells me that

"the Government has set up a working group on the matter which consists of representatives from the Department of Housing, Community and Local Government, the Departments of Finance and of Jobs and the Department of Enterprise and Innovation, An Bord Pleanála, Fáilte Ireland, the Residential Tenancies Board, and Dublin City Council.

And the Working Group will produce a report on the appropriate regulatory approach for short-term tourism-related lettings and will identify the necessary amendments to legislation required to effect such regulation; that report will be finalised shortly."
 

Based on history of such cases to date (example), the management company are almost certain to win the case. Planning permission is required to change use from residential to short term let.

Having units that are let short term may cause issues with the block insurance.
 

I completely agree with this.
Funnily enough I also own an apartment in D8.
One of the units was being used for Airbnb for a number of years with absolutely no issues.
Subsequent to thus, another owner started the same. Unfortunately his Tennants were involved in vomiting in the lift, repeated noise disturbance, using owners designated parking spaces, .multiple drunken strangers wandering around the apartment complex, multiple people with access to the apartment entry codes. Etc etc.
Completely awful for the residents.
I suspect there would be no management company involvement without anti-social behaviour being an issue. Has the OP had any interaction with the management company detailing issues with the people he has rented to?
 
Vanessa said:
There is also a terrible begrudging attitude to anyone who makes a profit in this country.
Click to expand...

That may or may not be the case, but how is it relevant to this situation?

Most business activity is in general a positive thing. However, some business activities have significant drawbacks, and this is one of them. I think it entirely reasonable to restrict a business activity where it impinges on neighbouring people's homes. If I bought or rented an apartment to live in I'd have an expectation I'd be surrounded by people in similar circumstances, not that I'd checked myself into a reception-free hotel.

My objection would have nothing to do to an antipathy to business or the profit motive.
 

I hadn't a single problem with Airbnb guests while doing the short term lets. No complaints from neighbours as both sides have my contact details and would have been in touch if there were issues.

My apartment is less than 15 minutes walk from Temple Bar but I never got requests from stag or hen parties, just couple and families that were always nice and very respectful

In contrast to this I had problems with long term tenants that the apartment was rented to before I put it on Airbnb.
 
A boarder or lodger is person that occupies the property with and buys a room. Like a b&b. If you rent out the entire property they are not that.

Either way the omc would need to take an expensive civil case.
 
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