Leaseholders: Holiday Letting

Lord Kennedy of Southwark Excerpts

Tuesday 25th April 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

No, indeed it does not, but we are not going to.

[Lord Kennedy of Southwark (Lab)]

My Lords, I refer noble Lords to my entry in the Register of Lords’ Interests. The noble Baroness, Lady Gardner of Parkes, raised an important issue. Will the Minister say a little more about why they are not prepared to act?

[Lord Bourne of Aberystwyth]

My Lords, it is very clear that it is up to individual landlords. In the case of Nemcova v Fairfield Rents Ltd in 2016, just a year ago, a landlord enforced a provision in the lease to ensure that the tenant did not act in breach of the lease. It has never been the case that any Government would interfere with freedom of contract where parties are open to go to court in relation to a contractual matter. This is not a planning issue.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, the whole House will of course sympathise with the situation that the noble Baroness is in if she is suffering from these sorts of situations, but there is a whole panoply of criminal law to deal with these issues. This is nothing to do with Airbnb; it is a breach of the law relating to violence and criminal damage. It is not a matter for Airbnb. I note what she says about other cities, but that is not the provision here. The provision set in the Deregulation Act specifically for London is 90 days. If companies are acting within that, as Airbnb is, we can ask little else of them.

[Lord Kennedy of Southwark]

My Lords, the noble Baroness raised a really important issue. Why can the noble Lord not say that he will have a look at those matters?

[Lord Bourne of Aberystwyth]

My Lords, for any criminal damage, which is admittedly a very serious issue, there is of course a panoply of the law, such as the Criminal Damage Act, to deal with such a situation. Breach of contract is a matter for the landlord and tenant to sort out between them. The Government have no role in enforcing contracts.