• February 2015
    "Is Airbnb for me?"

    In September 2016 the above question was answered in the negative by the Upper Tribunal (Lands Chamber) for Mrs. Iveta Nemcova.

    She owned a 99-year Lease of a one bedroomed flat in Enfield, and occasionally let it out on short lettings mainly to business visitors working in London.    The Lease contained a restriction not to use the premises “…………….for any purpose whatsoever other than as a private residence”.     A similar restriction was contained in the leases of the other flats in the block.   The freehold owner of the building and Landlord applied to the First Tier Tribunal (Lands Chamber) for a determination that Mrs. Nemcova had breached the restriction in the Lease because it was alleged the short-term lettings were using the flat otherwise than “as a private residence”.   The First Tier found in favour of the Freeholder Landlord and Mrs. Nemcova appealed that decision.  

    On Appeal, it was found that the lettings which had taken place which were restricted to days or a few weeks at a time could not enable a short term tenant to be using the flat as a “private residence” and upheld the First Tier funding.    The Judge said that each case would be “fact specific” and the final determination may vary from case to case but this decision does show clearly that short-term lettings would infringe a similarly drafted restrictive clause.  


    If you own a long lease and plan to sub-let it out on short or longer terms, it would be advisable to seek legal advice on any restrictions in the Lease which might thereby be infringed and put you at risk of costly enforcement proceedings by the Landlord.   

    Wikepedia description

    Airbnb is a peer-to-peer online marketplace and homestay network enabling people to list or rent short-term lodging in residential properties, with the cost of such accommodation set by the property owner. The company receives percentage service fees from both guests and hosts in conjunction with every booking. It has over 2,000,000 listings in 34,000 cities and 191 countries. Airbnb was founded in August 2008, is headquartered in San Francisco, California, and is privately owned and operated.

    This article provides only a general summary and is not intended to be comprehensive.  Special legal advice should be taken in any individual situation.

    back to articles...
Like most websites...
...Jackamans uses cookies in order to deliver a personalised, responsive service and to improve the site, we remember and store information about how you use it. This is done using simple text files called cookies which sit on your computer. These cookies are completely safe and secure and will never contain any sensitive information. They are used only by Jackamans and will not be shared with anyone else.
Read our cookies policy

how we use your information

This privacy notice tells you what to expect when Jackamans collects personal information.

visitors to our websites

When someone visits a we collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. We collect this information in a way which does not identify anyone. We do not make any attempt to find out the identities of those visiting our website. We will not associate any data gathered from this site with any personally identifying information from any source. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information and will explain what we intend to do with it.

use of cookies by Jackamans

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

the cookies we use

acceptance Cookie

When you accept cookies from our site we write a cookie called jm_c_opt_in to your machine. This stores your acceptance so that when you return to our site in the future you will not have to accept cookies again.

system cookies

A set of system cookies are used to store information allowing functionality. These include data relating to a users membership, such as log-in details, if the user has signed up to any memberships on the site.

Google analytics

We store analytics cookies on your computer as soon as you visit this site. We need to do this to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where vistors have come to the site from and the pages they visited. These cookies are listed below:





To opt out of being tracked by Google Analytics across all websites visit

cookie control

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit