Skip to main content

News story

August 30, 2018

Bump in the night for Airbnb landlords

Rule changes on short term lets could see part-time landlords hit by a new tax bill from next year if they let out their whole property.

Homeowners can earn up to £7,500 per year tax-free by renting a room to a lodger, but the rise of the sharing economy and sites like Airbnb has seen many hobby landlords come into the market and use the tax break to offset income when they let the whole of their home out for short stays.

Whether it’s property owners in SW London letting their home during the Wimbledon tennis tournament or hard-up homeowners staying with family and friends while letting out their flat or house for occasional nights to supplement their income, many are using the rent-a-room allowance to offset rental income.

But new legislation drafted by HMRC will mean the tax break will be allowed only if the letting is for just part of the property and the owner is living there for at least part of the stay. The change could mean an extra tax bill of as much as £3,000 per year as a result, although such landlords will be able to benefit from the £1,000 per year allowance for trading and property income introduced in the Chancellor’s 2017 Budget.

The measure is intended to ensure that the rent-a-room relief is focused on its original purpose, which is to encourage homeowners to make unused rooms available for lodgers, and the draft legislation is set to be confirmed in the autumn Budget for inclusion in the Finance Bill 2018-19.

Property solicitor, John Gillette, explains:

“Thanks to the huge rise of the sharing economy and the success of Airbnb and other platforms in offering accommodation for short term letting, we have seen many more homeowners becoming landlords. It’s made it very easy to get into letting these days, with a ready supply of guests looking for short term rentals, but it doesn’t mean the rules and responsibilities are equally simple and whether you’re an occasional or full-time landlord, it’s important to understand them.”

He added:

“Using platforms such as Airbnb will help with many aspects, such as having an agreement in place with the people sharing or taking over your home, but it’s naïve to imagine they have the whole thing covered in protecting your interests. As well as keeping up to date with the tax side of things, that’s likely to include being sure you have the right insurances in place, as the terms of your property insurance may be affected if you are letting any part out. You may also need to consider specialist insurances to cover you against accidental damage, liability if any guest is injured in your home, through to covering yourself against possible loss of income due to unforeseeable events.

And alongside the national rules and regulations, from tax to health & safety, there may be local bylaws to comply with, such as the maximum 90 days per year rule that applies on short term rentals in London.”

Under the Deregulation Act 2015, homeowners in London can rent their homes to guests on a short-term basis for up to 90 days in one calendar year without having to apply for planning permission to change their property use class from a C3 (Dwelling House) to C1 (Hotels, Boarding Houses, Guest Houses). The 90 days can be made up of a series of one-off nightly or weekly lettings or by a single block of time. Still, once the quota has been used up, if the homeowner goes on to exceed the 90-day rule without permission from their Council, then they can be subject to penalties of up to £20,000 for each unlawful letting.

John said:

“Airbnb has processes in place that will automatically prevent anyone in London from letting their property for more than 90 nights through the platform, but if landlords are using a number of different letting sites for their property, it’s likely the alert will not be triggered, and they could find themselves breaking the law. For someone who is committed to maximising short-term rental income beyond the 90 days, then an option may be to consider seeking a change in planning use but bear in mind that the applications is time-consuming and such approvals are usually rarely given as the Council’s interest is in retaining long term housing supply.”

For more information, speak to John Gillette.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • The do’s and don’ts of using AI in your business
    AI can help businesses improve efficiency and make informed decisions, but it also comes with risks. Explore the key do’s and don’ts of using AI responsibly, including data protection, legal considerations and the importance of human oversight.


    Read more
  • Next equal pay appeal: when can market pressures justify different pay
    When can recruitment and retention pressures justify different pay? Karen Cole explores the Next equal pay appeal, explaining why equal pay risks remain and what employers should consider when reviewing pay packages and the evidence supporting their


    Read more
  • Domestic Abuse Protection Orders: where are they available and what other protection can you seek?
    Domestic Abuse Protection Orders can offer tailored protection, but availability is currently limited. Pippa Marshall explains how they work, who can apply and the other protective orders available, including non-molestation and occupation orders.


    Read more
  • Missing beneficiaries and unknown heirs: what should executors do?
    What should an executor do if someone entitled to inherit cannot be found? James McMullan explains how to trace missing beneficiaries, the limits of statutory notices and the options to consider before distributing an estate.


    Read more
  • Pay transparency in recruitment: Is your business ready to disclose salaries?
    Employers may eventually have to provide salary information much earlier in the recruitment process under proposals being considered by the Government.


    Read more

What they say...

  • Bryan E, September 2026
    Absolutely outstanding “This firm is super professional, efficient and friendly at the same time. You could not wish for a better service. I have used them for my Will and a range of other matters over many years. I’ve found all the vario

  • Jan Norris, September 2026
    Excellent Service “Charlotte Barbaroussis has prepared our wills, LPAs and a discretionary trust. She was professional, kind and patient throughout. A very fine person to have looking after us.”

  • Brian Nunan, August 2026
    “I dealt with the group for many years, and no matter which solicitor I used, the results were always the same. Excellent!”

  • Client, July 2026
    Constructive and empathetic “I contacted Pippa Marshall at RIAA Barker Gillette through a recommendation regarding a family law matter. Pippa was always clear, efficient, empathetic and helpful, offering constructive insights on my situation. I

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

Read more
Send this to a friend