Letting out a flat through Airbnb: do I need permission to sublet my flat to holidaymakers and who do I need to ask?

Question: I rent out my flat through Airbnb. Now the managing agent has told me to stop, as I require consent. But who from? And is he right?

Answer: Check your lease carefully — a number of provisions may prevent you from renting out the property in this way.

Most residential leases will contain a restriction that prohibits subletting of the property for a period of less than six months without the landlord’s prior consent.

In addition there may be a clause stating the property can only be used as a private residential flat in the occupation of one family.

If such restrictions are present in your lease, it is likely the managing agent is correct in their assertion that consent is required prior to subletting.

Short-term lets may also require planning permission if the total number of lets exceeds 90 days in a year.

The managing agent will be aware of potential insurance and fire safety issues if there is a high volume of visitors.

Additionally, if you have a mortgage you should ensure that its conditions permit subletting of the property.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Piers King, email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE.

Questions cannot be answered individually, but we will try to feature them here.

Piers King is a solicitor in the property department of Streathers Solicitors LLP.