Sub-letting Your Home On Airbnb – Beware?

Local Authorities are becoming aware of properties suspected of being used as an Air BnB in their areas. An owner may not be entitled to operate as an Air BnB in certain circumstances and they should consult legislation, contract and/or their lease/title in the first instance if they wish to use their property as an Air BnB.

Section 8 of the Planning and Development Act 2000 states as follows:

“8.—(1) A local authority may, for any purpose arising in relation to its functions under this Act or any other enactment, by notice in writing require the occupier of any structure or other land or any person receiving, whether for himself or herself or for another, rent out of any structure or other land to state in writing to the authority, within a specified time not less than 2 weeks after being so required, particulars of the estate, interest, or right by virtue of which he or she occupies the structure or other land or receives the rent, as the case may be, and the name and address (so far as they are known to him or her) of every person who to his or her knowledge has any estate or interest in, or right over, or in respect of, the structure or other land.

(2) Every person who is required under this section to state in writing any matter or thing to a local authority and either fails so to state the matter or thing within the time appointed under this section or, when so stating any such matter or thing, makes any statement in writing which is to his or her knowledge false or misleading in a material respect, shall be guilty of an offence.”

Recently Patrick F. O’Reilly were involved with a case wherein a Section 8 Notice was served by a Local Authority in relation to a property which it was alleged the owners used as an Air BnB.

Under this Section the Local Authority sought full details of any connection the owners had with their property including any terms or arrangements under which they may have leased the property, rented or granted the use of the property to any other party.

However, Section 8 only entitles the Local Authority to the name and address of an owner and details of how the property is held (i.e. their title).

It was not necessary to provide confirmation as to the owners use of the property nor confirm or deny if the owners used this property for Air BnB. Local Authorities should be mindful of their entitlements under this Section.

However, this may not be the end of the story as Local Authorities have recourse under other sections of the Planning Acts and other legislation which they can restrict the use of properties for Air BnB in their area.

If you require further advice on this matter, or in relation to any Planning Legislation, please contact Jessica Boyne, Solicitor on +353 (01) 6793565 or email Jessica.boyne@pforeilly.ie.

This document contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.