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Airbnb nuisance

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  • 12-02-2018 4:04pm
    #1
    pauly1234
    Registered Users Posts: 6 ✭


    Hello
    Can anyone tell me how hard or easy it is to stop people letting out via Airbnb in a apartment complex ?
    Is it up to the council or the Management Co, would I have to bring them to Court ?
    Any advice appreciated.
    Thanks


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    #2
    Hitman3000
    Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    pauly1234 wrote:
    Hello Can anyone tell me how hard or easy it is to stop people letting out via Airbnb in a apartment complex ? Is it up to the council or the Management Co, would I have to bring them to Court ? Any advice appreciated. Thanks


    Make a complaint to the management company and perhaps Revenue.


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    #3
    JustJoe7240
    Registered Users Posts: 1,471 ✭✭✭JustJoe7240


    pauly1234 wrote: »
    Hello
    Can anyone tell me how hard or easy it is to stop people letting out via Airbnb in a apartment complex ?
    Is it up to the council or the Management Co, would I have to bring them to Court ?
    Any advice appreciated.
    Thanks

    Assuming all apartments are rented, It would be up to the landlord or the management company to stop tenants subletting apartments on a temporary basis.

    If they're owner occupied, Then it's up to the owners themselves what they want to do with their apartment.

    Either way, Unless you're employed by the management company, I don't see how it's any of your business what they do with it, and i definitely don't see what grounds you'd have to bring them to court on?


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    #4
    Sleeper12
    Registered Users Posts: 17,070 ✭✭✭✭Sleeper12


    Hitman3000 wrote:
    Make a complaint to the management company and perhaps Revenue.


    Air B&B already notify revenue of hosts and fees paid as far as I remember


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    #5
    Hitman3000
    Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    joecass123 wrote:
    Either way, Unless you're employed by the management company, I don't see how it's any of your business what they do with it, and i definitely don't see what grounds you'd have to bring them to court on?


    It's none of their business? Have you lived beside an apartment that is let out as an Airbnb? If you had you might have a different attitude.


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    #6
    JustJoe7240
    Registered Users Posts: 1,471 ✭✭✭JustJoe7240


    Hitman3000 wrote: »
    It's none of their business? Have you lived beside an apartment that is let out as an Airbnb? If you had you might have a different attitude.

    I do currently, Doesn't affect me in any way.


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    #7
    Hitman3000
    Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    joecass123 wrote:
    I do currently, Doesn't affect me in any way.


    That's great, maybe the OP has a totally different experience to you. If the way the unit is being rented affects their enjoyment of their home it is very much their business.


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    #8
    Quackster
    Moderators, Regional South Moderators Posts: 5,787 Mod ✭✭✭✭Quackster


    joecass123 wrote: »
    Assuming all apartments are rented, It would be up to the landlord or the management company to stop tenants subletting apartments on a temporary basis.

    If they're owner occupied, Then it's up to the owners themselves what they want to do with their apartment.

    Either way, Unless you're employed by the management company, I don't see how it's any of your business what they do with it, and i definitely don't see what grounds you'd have to bring them to court on?

    :rolleyes:

    Planning permission is required for the exclusive use of a residential apartment for short-term lets so if you believe planning regulations are being breached, take the matter up with your local planning authority.

    Even if it's just the case of the occupier of the apartment letting out one or more rooms, the management company of the apartment building may have rules prohibiting this so query them on the matter. If such rules don't currently exist, you can bring the matter to your management company's next AGM.


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    #9
    pauly1234
    Registered Users Posts: 6 ✭pauly1234


    joecass123 wrote: »
    .... I don't see how it's any of your business what they do with it, and i definitely don't see what grounds you'd have to bring them to court on?

    Are you having a laugh ? if their noise keeps me awake at night it makes it my business .


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    #10
    Sesame
    Registered Users Posts: 508 ✭✭✭Sesame


    Yep, I'm dreading the summer as I live near one too.

    Its a short term let in my housing estate so they treat it as a holiday home/hotel. Its can be a party house some nights. Which I understand. They are on holiday and want to have a good time.
    Then there's different people walking past and staring into my house in the evenings. You don't get that with regular long term lets and people who own homes here. There's the extra traffic, cleaning staff, strange cars driving in and out of the estate each day not slowing down for children playing and not knowing the blind corners, etc.

    There's a reason hotels need planning permission and housing estate and apartments are not suitable places for these one and two night lets.


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    #11
    pauly1234
    Registered Users Posts: 6 ✭pauly1234


    Hitman3000 wrote: »
    It's none of their business? Have you lived beside an apartment that is let out as an Airbnb? If you had you might have a different attitude.

    Well said.


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    #12
    Quackster
    Moderators, Regional South Moderators Posts: 5,787 Mod ✭✭✭✭Quackster


    Indeed it may well be the case that planning permission is required just to let out a room in an apartment on an exclusively short-term basis as the 'B&B' planning exemption that applies to houses does not extend to apartments.

    But I don't think ABP or any other planning authority as issued an opinion on this.


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    #13
    JustJoe7240
    Registered Users Posts: 1,471 ✭✭✭JustJoe7240


    Quackster wrote: »
    :rolleyes:

    Planning permission is required for the exclusive use of a residential apartment for short-term lets so if you believe planning regulations are being breached, take the matter up with your local planning authority.

    Even if it's just the case of the occupier of the apartment letting out one or more rooms, the management company of the apartment building may have rules prohibiting this so query them on the matter. If such rules don't currently exist, you can bring the matter to your management company's next AGM.
    Interesting, Do you have any source for this information? Not to mention it would be quite difficult to prove that the residence is used exclusively for the purpose of short term lets.
    pauly1234 wrote: »
    Are you having a laugh ? if their noise keeps me awake at night it makes it my business .

    Sorry to hear that Pauly, You still haven't clarified if it's owner occupied or not? Could be worth speaking to the management company about it anyway.


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    #14
    Quackster
    Moderators, Regional South Moderators Posts: 5,787 Mod ✭✭✭✭Quackster


    joecass123 wrote: »
    Interesting, Do you have any source for this information? Not to mention it would be quite difficult to prove that the residence is used exclusively for the purpose of short term lets.

    http://www.housing.gov.ie/sites/default/files/publications/files/circular_pl10_aph3_2017.pdf
    The planning authority only has to form a reasonable opinion that planning permission is being breached to bring enforcement action.


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    #15
    pauly1234
    Registered Users Posts: 6 ✭pauly1234


    Quackster wrote: »
    :rolleyes:

    Planning permission is required for the exclusive use of a residential apartment for short-term lets so if you believe planning regulations are being breached, take the matter up with your local planning authority.

    Even if it's just the case of the occupier of the apartment letting out one or more rooms, the management company of the apartment building may have rules prohibiting this so query them on the matter. If such rules don't currently exist, you can bring the matter to your management company's next AGM.

    "exclusive use" ? They owners stay there themselves a bit as well and mostly let out the apartment completely for some weekends but it seems to be increasing, so are they of the hook ?


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    #16
    Sierra Oscar
    Moderators, Category Moderators, Computer Games Moderators, Society & Culture Moderators Posts: 8,500 CMod ✭✭✭✭Sierra Oscar


    There is probably a clause in the lease agreement which can be invoked by the management company to prevent short-term letting.

    Often there is a clause saying an apartment cannot be used for anything else other than a single private residence. There are also often clauses preventing keys from being shared with non-residents on a regular basis due to security concerns.

    Invoking the lease agreement would require the management company flexing it's muscles on the issue though. A communication to Airbnb warning that it's customers may be restricted from accessing the development when they arrive can result in units being blacklisted.

    This really only works when entire apartments are being let on Airbnb on a regular basis and not for those who are legitimately using it to share a room now and then and so on.

    A notification to the owner saying that the Revenue Commissioners and Local Authority are being informed can often do the trick.


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    #17
    dont bother
    Closed Accounts Posts: 542 ✭✭✭dont bother


    Hi OP...

    it is a breach of Planning Permission to use an apartment or house for Airbnb as it constitutes a "Change of Use" under planning law. if the landlord (which they probably havent) has not applied for this change of use, then they are in breach of the Planning for that abode.

    wherever the apartment in question is, your first bet would be to make an "official complaint" to the PLanning Enforcement section of whatever the relevant Council is. they will do the rest of the work and bring a case against the owner.


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    #18
    Quackster
    Moderators, Regional South Moderators Posts: 5,787 Mod ✭✭✭✭Quackster


    pauly1234 wrote: »
    "exclusive use" ? They owners stay there themselves a bit as well and mostly let out the apartment completely for some weekends but it seems to be increasing, so are they of the hook ?

    Reading the circular I posted, it would suggest they need to apply for planning permission (if they haven't already) and there would be strict limitations on a grant of planning permission in a residential apartment complex - including that short-term lettings can be for no more than sixty nights a year, with none lasting more than five consecutive nights.

    Also the apartment must have at least one permanent resident (so an entire apartment can't be let on a short-term basis) and it must have the consent of the management company.


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    #19
    Trev De rev
    Registered Users Posts: 206 ✭✭Trev De rev


    Sesame wrote: »
    Yep, I'm dreading the summer as I live near one too.

    Its a short term let in my housing estate so they treat it as a holiday home/hotel. Its can be a party house some nights. Which I understand. They are on holiday and want to have a good time.
    Then there's different people walking past and staring into my house in the evenings. You don't get that with regular long term lets and people who own homes here. There's the extra traffic, cleaning staff, strange cars driving in and out of the estate each day not slowing down for children playing and not knowing the blind corners, etc.

    There's a reason hotels need planning permission and housing estate and apartments are not suitable places for these one and two night lets.

    We live in a semi detached house in an estate too and are dreading the summer because of Airbnb next door. It's started already for the past two weekends. Just wondering have you taken any action to try to sort the problem. We are living in a small town so this problem goes outside of Dublin too. We are at our wits end. This is the fourth summer we can facing this


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    #20
    the_syco
    Registered Users Posts: 37,300 ✭✭✭✭the_syco


    Trev De rev wrote: »
    We are at our wits end. This is the fourth summer we can facing this
    Do you let them have a nice lie in, or do you pump out the classical music at 7am?


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    #21
    Trev De rev
    Registered Users Posts: 206 ✭✭Trev De rev


    the_syco wrote: »
    Do you let them have a nice lie in, or do you pump out the classical music at 7am?

    If they have kept us awake at night we don't stop our children from running around the house. My 2 year can be very loud and moany. But we end up probably suffering more from her moaning.


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