Unauthorised online listings on platforms such as Airbnb, Booking.com or similar sites have created a new category of disputes for landlords. These listings often come as a surprise, appearing without consent and exposing the property to commercial use entirely outside the landlord’s control.
What appears online as a landlord “renting out a spare room” can in fact be a tenant illegally sub-letting the property. In some cases, landlords discover that their own letting agent, rather than the tenant, has been using the property to run an unlawful short-term rental business after the tenant quietly moved out. Whatever the source, landlords need to employ strong legal tools to bring the situation to an end.
Identifying Whether the Tenant or Agent Is Responsible
The first step is determining who created the unauthorised listing. Sometimes the tenant remains in occupation and is intentionally running short-term lets. In other situations, the tenant has left without formally surrendering the tenancy and the letting agent, holding keys and access, begins using the flat for profit. This distinction matters. A tenant acting in breach will be dealt with under tenancy law. An agent acting without authority may be liable for breach of contract, breach of fiduciary duty and, depending on the facts, potential criminal conduct. In either scenario, landlords are entitled to immediate clarification and action.
Asserting Breach of Tenancy and Taking Formal Steps
Where the tenant is responsible, most tenancy agreements prohibit subletting, commercial use and parting with possession. A formal notice of breach should be issued promptly, supported by screenshots or other evidence of the online listing. If the tenant refuses to cooperate or the misuse continues, the landlord is entitled to pursue termination of the tenancy or possession proceedings based on breach of covenant. Unauthorised online letting frequently coincides with other breaches, such as arrears or neglect of the property, and landlords are entitled to rely on all relevant grounds when taking action.
Misconduct by Letting Agents After the Tenant Leaves
Where an agent has been operating an unauthorised short-term rental business, the legal position is different but no less serious. Agents may be acting far outside their authority and in direct breach of their obligations to the landlord. In these cases, key retrieval, immediate suspension or termination of the agency agreement, and potential claims for loss and misuse of the property may be appropriate. The landlord may also consider reporting the agent to Trading Standards or their regulatory body. If paying guests have been deceived, the conduct may be criminal and should be reported to the police.
Reporting to Platforms and to the Police
Online platforms usually provide mechanisms to report fraudulent or unauthorised listings. Once the landlord provides evidence that the advertiser is neither the owner nor an authorised occupier, the listing is often removed quickly. This step is important not only to stop further bookings but also to prevent additional guests from arriving at the property believing they have a legitimate right to stay.
Police involvement may be necessary in more serious situations, particularly where money has been taken dishonestly from visitors or where the tenant or agent has misrepresented ownership or authority. Police reports can also assist with insurance and help clarify the landlord’s innocence in any disputes involving guests.
Regaining Control of the Property Under an AST
Where the tenancy is an AST, the landlord must comply strictly with statutory protections and cannot remove the tenant or any guest informally, even if the activity is clearly unlawful. The correct notice and possession routes must be followed, and the process can be complex where unauthorised occupants are present. The appropriate method depends on the facts, the type of misuse and the tenancy terms. Ask your lawyer for details.
Final Thoughts
Fraudulent online listings undermine a landlord’s control of the property, but the legal remedies are clear and effective. Whether the misconduct is by a tenant or by an agent acting without authority, landlords have firm grounds to enforce breaches, terminate agreements, report wrongdoing to the relevant platforms and authorities, and recover possession in a lawful and structured way. At Lisa’s Law, our team has extensive experience dealing with these situations. We can assess the facts quickly, take decisive action on your behalf, and guide you through every step needed to regain control of your property and prevent further misuse.
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