We received an email recently asking the following burning question:
Is there a clause or condition I can add to the tenancy agreement which would prohibit tenants from letting the property on online platforms like Airbnb etc.
We’ve written an article on this problem some time ago (see the links below), but Yes you could certainly add a provision that would prohibit tenants from letting the property on online platforms like Airbnb etc.
Most residential tenancy agreements contain a standard provision that requires the tenant to seek the landlords permission to assign or sublet. Using the premises for short term stays is another variation of subletting so you could amend the standard clause to include short term lettings, holiday accommodation or similar hosting services.
The other option is to simply include a provision under the “ tenants use and care of the premises” that essentially says
“The tenant agrees;
not to use, or cause or permit the residential premises to be used for short term lettings, holiday accommodation or similar hosting services without the landlords written permission.”
Or:
“The tenant agrees
-
- to use the Residential Premises only as a private residence and for no other purpose(s), unless otherwise provided for in writing by the Landlord;
- not to grant any licence to occupy all or part of the leased premises or otherwise part with possession without the landlord’s prior written consent.“
Is Airbnb considered a Sublease?
Is Airbnb income worth the risk?
Do you have a Burning Question – send it here