Short-Term Letting: Deregulation

Baroness Eaton Excerpts

Wednesday 19th October 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness refers to an issue that is London-only, because prior to the change in the Deregulation Act, the position was exactly the same in other areas of England. The recent change in the law brought London to a degree in line with the rest of the country, except that there are more restrictions in London, because there is a 90-day limit. As I said to the noble Baroness, Lady Boothroyd, existing powers on statutory nuisance are and have always been available to other tenants and landlords. Of course we monitor the situation, but there is already a satisfactory range of powers.

[Baroness Eaton (Con)]

My Lords, if short lets such as Airbnb usage become a full-time use of residential property, I believe that it then becomes business usage. Can my noble friend confirm that planning permission is required in such cases?

[Lord Bourne of Aberystwyth]

My Lords, as I said, there is an existing power. In relation to the change of law in London, if a let exceeds 90 consecutive days, it requires a planning use change. If there is a total change of user, it would also require planning permission under existing law. Also, as I said, powers exist in many leases. Recently, in the so-called Nemcova case in the London Borough of Enfield, a landlord enforced provisions in a lease in just such a situation.