• Doncaster

    01302 327 136
    Mon-Fri 9-5pm

  • Retford

    01777 703 100
    Mon-Fri 9-5pm

  • Worksop

    01909 500 511
    Mon-Fri 9-5pm

  • Clowne

    01246 810 050
    Mon-Fri 9-5pm

  • Rotherham

    01709 375 561
    Mon-Fri 9-5pm


  • Sheffield - Waterthorpe

    0114 251 1702
    Mon-Fri 9-5pm

  • Sheffield - Chapeltown

    0114 246 7609
    Mon-Fri 9-5pm

'News' Category Archives

September 18th, 2019

Property and Conveyancing Solicitors for the South Yorkshire Region

At Foys, we have years of expertise in property law and offer our advice on a range of property matters. The legal details of property law can be complex – our experienced property and conveyancing solicitors can help you understand the legal details and support you with issues that may arise.

The property matters that we can assist with:

• Buying and selling properties
• Renting and letting properties, including buy-to-let
• Declaration of Trust (Deed of Trust)
• Buying a council house (Right to Buy)

For more information regarding how we can help you, check out our recently updated ‘Property and Conveyancing Solicitors for the South Yorkshire Region’ page. Here we explain in depth the mentioned areas of law that we cover.

Contact Foys Solicitors for advice on Property and Conveyancing today

We strive to ensure we exceed the needs of our clients and offer a FREE initial consultation so we can discuss your situation and assess your case.

To book an initial free consultation or to find out more about our Personal Injury services, call us on 01302 327136. Alternatively, you can send us a message via our Contact Form.

September 12th, 2019

Macmillan Coffee Morning

Come and join us at our Chapeltown office for our coffee morning in aid of Macmillan. There will be plenty of tea, coffee, cake and a raffle to raise money for an amazing charity.

We make sure to take time out to support charities such as Macmillan who provide vital physical, emotional and financial support to those living with cancer.

If you’ve heard of Macmillan coffee mornings but haven’t attended one before- don’t worry, it’s simply a nice get-together where we drink tea and eat sweet treats. Guests are kindly asked to donate whatever they can in aid of Macmillan charity.

Get involved and join the hundreds of hosts around the UK to exceed last year’s fundraise of £26,914,382.

To donate, or for more information about Macmillan UK, please visit their website.

Here are the details:

When – Wednesday 25th September – 10am – 3pm

Where – Foys Solicitors 102-112 Burncross Road, Chapeltown, Sheffield, S35 1TG

At Foys Solicitors, we offer a variety of specialist legal services ranging from bespoke personal advice to corporate matters. Our free initial consultation gives us the chance to understand your case in order to provide you with sound legal advice.

To get in touch, fill out our Online Form or call your local Foys Solicitors office:

Doncaster – 01302 327 136
Retford – 01777 703 100
Worksop – 01909 500 511
Clowne – 01246 810 050
Rotherham – 01709 375 561
Sheffield (Waterthorpe) – 0114 251 1702
Sheffield (Chapeltown) – 0114 246 7609

September 4th, 2019

Family law solicitors

Family law solicitors in LondonAt Foys, our family law solicitors understand the importance of legal family matters and are committed to ensuring the best solutions for you and your family.

Family law can be complex as it covers a wide range of legal issues that address different matters. Therefore, it is important to understand the details involved in order to ensure the outcome you desire. We understand the stress and confusion such issues may cause, therefore, our experienced family team take a sensitive approach to help you understand the legalities.

We will support you through the difficult times and on your journey to securing a better future for you and your loved ones.

Our family team can advise and assist you with the following:

  • Divorce
  • Collaborative law
  • Civil partnerships
  • Separation agreements
  • Premarital agreements
  • Cohabitation agreements
  • Financial matters
  • Domestic abuse and injunctions
  • Children’s legal matters
  • Change of name

For more information regarding how we can help you, check out our recently updated ‘Family Law Solicitors‘ page. Here, we dive deeper into the areas of family law that we cover.

Contact Foys Solicitors for sound advice on family law today

To book an initial free consultation or to find out more about our family law services, call Foys’ family law solicitors on 01302 327136 to book your FREE initial consultation. Alternatively, you can send us a message via our Contact Form.

August 7th, 2019

Company and commercial law solicitors

Company and commercial lawUnderstanding company and commercial law is central to starting and running a successful business.

By having an understanding of company and commercial law, you can safeguard your business and ensure that it is appropriately structured. This would allow your business to grow safely and effectively to reach its maximum potential. However, the law can be a challenging topic to understand, which is why we’re here to help.

At Foys Solicitors, our company and commercial law team want to assist businesses of all sizes with growth, adaption to changing markets and safeguarding business interests. This passion led us to update our ‘Company and Commercial Law’ page with a reliable and easy-to-understand explanation of how we can help business owners, shareholders and directors.

On our ‘Company and Commercial Law’ page, we’ve explained the areas of company and commercial law that we cover. Here, you will find information on:

  • Incorporations & start-ups
  • Corporate Governance for limited companies
  • Acquisition and disposals
  • Shareholder and partnership arrangements
  • Company reorganisations
  • Transferring sole trader/partnership business into a limited company
  • Commercial contracts

We also explain how company and commercial law assist in business growth.

Contact Foys Solicitors for advice on company and commercial law today

Whether you want more information on our company and commercial law services or to discuss a plan of action, get in touch with Max Kennedy on 01909 500511. Max Kennedy has more than 25 years of experience in company and commercial law and is known for his jargon-free explanations and practical approach to all matters.

Alternatively, you can complete our Contact Form and we’ll be in touch with you shortly.

August 1st, 2019

Commercial dispute resolution solicitors

Company Dispute ResolutionsWith the dedicated assistance and guidance of our commercial disputes specialists, you can rely on us for a straightforward and speedy commercial dispute resolution, which is in your business’ best interests.

Commercial disputes are never pleasant and can be quite draining without proper help. At Foys Solicitors, our expert commercial dispute specialists have a passion for helping business owners, directors, employers or partners get the straightforward dispute resolution they need.

That’s why we updated our ‘Commercial Dispute Resolutions’ page with more up-to-date information concerning how we can help you.

On this page, you’ll learn about the types of commercial disputes that we cover, which is as follows:

  • Partnership/company/director disputes
  • Employer/employee disputes
  • Disputes regarding quality issues, that arise out of the sales of goods and supply of services
  • Interpretation of contracts and contractual terms
  • The recovery of unpaid monies and invoices, as well as defending such claims
  • Commercial property disputes
  • Professional negligence claims

We also explain how litigation and dispute resolution law can help protect your business.

Contact Foys Solicitors for company dispute resolution services today

For a free initial consultation or more information on our commercial dispute resolution services, give us a call on 01909 500511. You can also email us at enquiries@foys.co.uk or complete our Contact Form.

July 5th, 2019

‘Dress up’ day and bake sale to raise money for the Scoliosis Association UK

At Foys, we do our best to give back to the community on a regular basis.

This week saw our team taking part in a ‘dress up’ day (which translates to dressing down in legal circles) and bake sale to raise funds for the Scoliosis Association UK.

This charity has a special place in our hearts as Mia, the daughter of one of our employees, suffers from scoliosis (a sideways curvature of the spine) and is due to have an operation at Sheffield Children’s Hospital. Mia also recently received a very kind letter from Buckingham Palace on behalf of Princess Eugenie of York, who is a supporter of the charity.

In addition to our ‘dress up’ day and bake sale, we also held a raffle, with the prize being a wonderful hamper donated by an employee’s sister. All the proceeds from the ‘dress up’ day and bake sale will go the Scoliosis Association UK, and money raised from the raffle will go to Mia so that she can enjoy some nice treats, both during her stay in hospital and on her road to recovery following her surgery.

To donate, or for more information about the Scoliosis Association UK, please visit their website.

At Foys Solicitors, we have a variety of specialist legal services in our arsenal ranging from bespoke personal advice to corporate matters. Our free initial consultation gives us the chance to understand your case in order to provide you with sound legal advice. We will also plan a strategy and outline any potential legal costs going forward.

To get in touch, fill out our Online Form or call your local Foys Solicitors office:

June 5th, 2019

The danger of DIY Wills

Research conducted by Royal London in 2018, the largest mutual insurer in the UK, revealed that more than half (54%) of the adult population do not have a Will.

The danger of not having a Will in place or even attempting to write your own Will can have devastating consequences for your loved ones left behind.

Employing a solicitor to assist with the Will writing process is an option that most people take, ensuring that their last wishes are carried out. However, with the accessibility of DIY Will toolkits and templates, it is useful to know the risks before opting to do it yourself.

Potential pitfalls of a DIY Will

It is said that the number of inheritance disputes has risen drastically in 2019 – and DIY Wills are mainly to blame. Without the guidance of an experienced solicitor, a DIY Will is likely to feature mistakes or omissions, leaving your family to argue over your possessions and property.

To write a Will, you must be over 18 and have the mental capacity to understand the outcome of the document you are signing. If you made a Will without having the mental capacity, your family could challenge the validity of your Will down the line.

It is unlikely that a DIY Will can accommodate the changing of your circumstances. If you have a Will in place but are going through a divorce and plan to remarry, any Will that you have previously implemented will no longer be recognised.

What is a Will, and why should a solicitor help me write one?

A Will is an important legal document, encompassing how you want your estate (property, possessions and finances) to be distributed among your family members after you have died. This legal document includes the name of your executor(s) who will manage the distribution of everything that you have left behind.

Without a Will, the laws of intestacy apply, meaning that your estate will be distributed according to the rules of intestacy. This situation could result in stress and pain for your family, and your assets will not go to the people you had in mind.

By employing a dedicated and experienced solicitor to assist you with writing your Will, you can ensure that this will not happen. At Foys, our solicitors have decades of experience with Will writing, and you can rest assured that your wishes after death will be respected.

What does writing a Will entail?

The legal and correct process of writing a Will does not need to be complex or lengthy. With Foys, we will guide you every step of the way, and help you with understanding the value of your assets before determining how they should be divided.

A valid Will needs to:

  • Be in writing, signed by you and witnessed by two people.
  • Have been written by you while you had the mental capacity to make and understand the effect of it.
  • Be made by you voluntarily, and without any pressure or coercion from another person.
  • Be completely free of errors and transparent as to what your requests are.

Common mistakes on a DIY Will

Understanding the legal ins and outs of a Will can pose as a problem to many people who have not sought professional advice. It is critical that the language used within your Will is concise and clear. Even the smallest error in your Will could result in the courts having to interpret it or the document being deemed invalid.

The top five common mistakes include:

  • Incorrectly signed and witnessed: your Will needs to be witnessed by two people who are present at the time of your signing for it to be legally binding. These witnesses must be UK citizens, 18 years or older and not be named as beneficiaries in your Will or married to someone who is.
  • Omitted assets: by forgetting to mention an asset in your Will, such as a property in another country, means that the court will have to deal it with.
  • Out of date: any deaths, births or marriages in your family should prompt you to update and edit your Will.
  • Not making proper exclusions: you need to provide a letter alongside your Will explaining why you have excluded anyone that has a legal claim to your estate.
  • Inappropriate executors: an executor will be considered inappropriate if they are under 18, do not feel capable of accepting the responsibility or live overseas.

Foys Solicitors can be trusted with writing your Will

With the assistance of Foys team of dedicated Wills and Probate solicitors, the experience of writing your Will is made significantly more straightforward and affordable. We offer competitive fixed standard fees for our services, safeguarding your wishes and putting you and your family at ease.

We do not want legal fees to deter you from protecting your interests in the future, so we offer a FREE initial consultation. This allows us to determine the best course of action and understand how we can help you.

To get in touch simply fill out our Online Form or call your local Foys Solicitors office:

If you found this interesting, check out:

This post is not legal advice and should not replace professional advice tailored to your specific circumstances. It is intended to provide information of general interest about current legal issues.

May 29th, 2019

A guide to making a traffic accident claim

Thanks to improved road safety and measures addressing reckless driving, the overall number of fatalities and road casualties has been in decline for two decades in the UK.

The latest report published by the UK government in April 2018 indicates that there were 181,384 accident casualties recorded in 2016, of which 1,792 (1%) were fatal and 179,592 (99%) were non-fatal. While a big portion of non-fatal injuries didn’t require hospital admission, some suffered life-changing injuries which require ongoing medical treatment and rehabilitation. If the accident involves a death, the injuries can also extend to emotional trauma.

If you have been the victim of a traffic accident within the last three years, you may be entitled to claim compensation. The conditions and causes surrounding a traffic accident are different for every case, and the process of claiming compensation can be lengthy and complicated. This is why it is best to speak with one of our specialist personal injury solicitors and we will do everything in our power to help you obtain the finances needed for your recovery.

How to make a traffic accident claim

After you have contacted one of our expert solicitors, we will analyse the details of your accident and determine who exactly was responsible for your injuries, or who was the negligent party. When the person responsible has been identified, we will work tirelessly to get an admission of fault. In some cases, this will result in an early compensation payment known as an interim payment, which can cover the costs of urgent medical treatment or other needs.

To claim an interim payment, the insurance company, which covers the negligent party responsible for the accident, must accept liability. By accepting responsibility, they are also recognising that their policyholder was responsible for the accident and will pay your compensation. After this has been decided, our personal injury solicitors, acting on behalf of you, can apply for an interim payment. Although this sum will be deducted from your final settlement, it can alleviate any current financial issues.

In the majority of cases, the amount of compensation you receive will be agreed with the other party. If the person will not admit fault, or the value of your claim cannot be agreed, your case could go to court where we will guide you through the process. The amount of compensation you receive will also depend on the nature and severity of your injuries, as well as any costs or losses you have experienced as a result. To establish the details of your case, discuss the following with one of our personal injury solicitors:

  • Details of the accident
  • Contact details for any witnesses
  • Details of injuries, medical diagnosis and treatment received

During the claims process, you will need to undergo a medical examination, determining the impact and degree of your injuries. A medical expert will review your current medical status and how your injuries have impacted your work and quality of life. This information can be used in the court as evidence. In the event of a catastrophic injury, that’s an injury with serious lifelong altering consequences, we will work with you to establish the followings:

  • Proof of loss of earnings and other financial expenses due to your injury.
  • Any evidence that can be used to support your claim, including documents from before your accident or previous accidents in similar circumstances.
  • Documents relating to any insurance policies you have, such as motor or household insurance, to see if these will cover the legal costs of your claim.

With the introduction of the CE-File system, an electronic filing and case management system, the claims process is now a lot speedier. Solicitors and insurance companies can engage with ease due to the digital exchange of documents.

When should you make a traffic accident claim?

You have up to three years to make a claim for your traffic accident, but we recommend contacting an experienced personal injury solicitor as soon as possible. There are exceptions to the three-year time limit for making a claim, including:

  • Road traffic accidents abroad: Time limits in other countries outside the UK can vary. Depending on the circumstances surrounding your accident, you may still be able to claim under UK law.
  • Mental capacity: If a family member lacks the capacity to make a claim.
  • Criminal injuries: If your injuries were a result of a deliberate act, you could make a claim through the Criminal Injury Compensation Authority. In a case like this, there is a time limit of two years from the date of the accident.
  • Children: Before your child turns 18, a claim can be made at any time if they were affected by the accident. Following that, your child can make a claim until the age of 21.

How much compensation will you receive?

The amount of compensation you can receive from a claim is based on the nature and the extent of your injuries, as well as any losses or costs you have incurred in the process. The amount of compensation you could claim is based on:

  • Medical and travel expenses
  • Current and future loss of earnings
  • Mobility aids
  • Pain and suffering
  • Care and support needs

As your personal injury solicitor, we will fight to ensure that you receive the maximum compensation, allowing you to move forward with your life.

How can we help you to make a traffic accident claim?

As specialist personal injury solicitors with offices in Doncaster, Retford, Worksop, Clowne, Rotherham, Sheffield-Waterhorpe and Sheffield-Chapeltown, we have years of experience with successfully obtaining compensation for our clients. We also have the knowledge and specialised skill set to assist you throughout the claims process, offering you unwavering support and guidance.

We do not want the cost of legal fees to deter you from making a claim, so we offer an initial FREE consultation. This allows us to understand the details of your accident and advise as to whether you should proceed with your traffic accident claim. To get in touch simply fill out our Online Form or call your local Foys Solicitors office:

If you found this interesting, check out:

This post is not legal advice and should not replace professional advice tailored to your specific circumstances. It is intended to provide information of general interest about current legal issues.

May 22nd, 2019

Dealing with rent arrears as a commercial landlord

When a tenant falls behind on their rental repayments they are said to be in arrears. Typically, a rental agreement stipulates that rent be paid 30 days after the starting date. If a tenant has failed to pay the agreed-upon sum for 30 days after the rent was due, they are then one month in arrears, and so on so forth.

For all landlords, rent arrears are a business risk and a relatively common occurrence. For commercial property landlords, you would usually diligently vet the tenants to prevent the occurrence of rent arrears, but despite your best efforts, your tenant may fall into arrears as a result of cash-flow problems being experienced by the business. When rent arrears do happen, there are legal recourses that landlords can take to recover rent, interest and any costs incurred as a result of the late payment.

In this article, our specialist commercial property solicitors at Foys aim to discuss the various legal avenues open to commercial landlords whose tenants have rent in arrears and the best practices for exercising the options available.

Establishing rent arrears

First and foremost, a dialogue should be opened with the tenant to investigate the reasons for the late payment of rent. A notice should be provided in writing to advise your tenant that they are in arrears. This is also an important piece of correspondence should the situation escalate and you need to pursue debt recovery via a legal pathway.

While making contact with your tenant regarding the initial late payment is good practice, you are able to serve them with a mandatory notice after 2 months of rent arrears to demand payment. Depending on the circumstances, an eviction notice should also be prepared.

Avenues open for debt recovery

Upon establishing that your tenant is unable or unwilling to fulfil their contractual obligations, it’s best that you contact an independent commercial landlord solicitor who will discuss a number of legal recourses available that will facilitate a resolution – some more painless than others. The main things to consider before deciding on a particular avenue are:

  1. Whether you want to keep the tenant on board and are happy to negotiate or compromise with respect to receiving the full payment.
  2. Look into the tenant’s history and see whether they have been in arrears before.
  3. Is the outstanding debt considerable enough to warrant a pursuit by legal or other means?
  4. Will pursuing debt recovery drive the tenant into insolvency and therefore lessen the likelihood of you recovering your money in full?

Talking to our commercial property solicitors and weighing up these three questions will give you a better gauge of the suitability of the options available as well as a better understanding of which method will likely give you the best chance at recovering your rent and any interest in its entirety.

Payment agreement

If the tenant is able to convince you that their financial situation is only temporary, or you believe that given more time they will be able to pay you back in full, you can enter into a payment agreement with them which requires the payment of the outstanding amount in instalments.

This is the preferred option for commercial landlords who don’t want to ruin the relationship they’ve established with the tenant, but also want to receive what’s owed to them in full. This option should also be considered in areas where the rental market is not conducive to short-term lets and high tenant turnovers, so it may be in your interests to preserve the relationship when considering your long-term prospects.

It’s advisable that this payment agreement be drawn up by a lawyer so as to carefully outline the rent arrears is to be paid on top of the normal rental agreement. In the event that this agreement is reneged on, the landlord reserves the right to forfeit the lease.

Drawing down on the rent deposit

If the initial rental agreement included a rent deposit, the landlord is within their rights to draw from this deposit in order to recover rent arrears – as long as the lease contract stipulates this. The tenant must then top up the deposit within a certain amount of time. This is the best course of action for commercial landlords that require a quick recovery of outstanding rent – however, it is only a short-term solution, so if the tenant is in a precarious financial situation, it’s not always advisable.

Serve a statutory demand

If your commercial property is being leased by a company and owes more than £750, you’re entitled to serve the tenant with a written demand for payment. This document needs to comply with statutory requirements, but once served, the tenant has 3 weeks to pay before you commence legal proceedings against them for insolvency or winding up of the company.

Forfeiture

In the event that rent has not been paid on time, usually for a period of between 14 and 21 days, a commercial landlord can “re-enter” a premises (when the tenant is not present) and change the locks – this is known as forfeiture. If the tenant is insolvent, then this is often the most economically viable option as it forces the tenant to pay up or face the potential loss of their business. Forfeiture is a tricky avenue to go down, so consulting an expert landlord solicitor such as Foys is always advisable – particularly if unsure of the rules surrounding this principle.

Pursuing a guarantor

If the tenant has a guarantor under the lease, then it is possible for a landlord to pursue them for the rent in arrears, rather than the tenant directly.

CRAR

The Commercial Rent Arrears Recovery Act 2014 is a legislative attempt to protect the rights of landlords by enabling them to employ an enforcement agency who will assume possession of a tenant’s goods for sale in order to recover debt. This is a complex process that requires various notices to be served on the tenant, and certain conditions need to have been met before the repossession can occur. CRAR should be considered carefully as it can only be used to recover rent, and entails waiving your right to forfeiture.

Issue Court Proceedings

Issuing court proceedings are often the last resort as they can be time-consuming and also expensive.

If you’re a commercial property owner or landlord who wants to know more about the possible avenues for recovering debt or you currently have a tenant whose rent is in arrears, speak to one of our specialist commercial property solicitors first. We can provide bespoke guidance as to the best practices for your commercial property, as well as assisting you with deciding on the best course of action for recovering full payment without breaking the bank.

To get in touch simply fill out our Online Form or call your local Foys Solicitors office:

If you found this interesting, check out:

This post is not legal advice and should not replace professional advice tailored to your specific circumstances. It is intended to provide information of general interest about current legal issues.

May 15th, 2019

Hosting an Airbnb: Everything a landlord needs to know


Airbnb is a global, online marketplace which matches homeowners with guests in regard to short-term homestays and/or tourism experiences in cities all over the world. It has emerged as one of the most successful and most popular rental services and hospitality companies globally thanks to its distinct advantages:

  • It allows homeowners to make extra income by renting out a room temporarily (a relatively low-risk, high-return approach).
  • It empowers travellers to seek low-cost or non-traditional accommodations.

Like other disruptive innovations, Airbnb has its fair share of controversy. The shift from hotels to Airbnb lodgings has led to cities losing out on millions on tourism taxes and once quiet neighbourhoods are being swamped with short-term sublets who may be too rowdy for one’s liking. In addition, while the ‘risk’ is deemed particularly low for those letting out their premises, the laws governing the rights and responsibilities of landlords and their guests aren’t clearly defined, and as such, this can have serious ramifications in circumstances where something does go awry.

There have been a handful of highly publicised incidents involving Airbnb guests occupying premises under false pretences, and others involving the questionable health and safety conditions of premises being rented via the room-sharing platform.

In 2016 a home rented in Putney through Airbnb was severely damaged after the guest held a party, with the same year seeing a balcony in Brighton collapse with four Airbnb guests injured in the process. Despite lawsuits being settled, the regulation of these properties is still an ongoing process – mainly due to the company’s global presence and legislation differing in many countries when it comes to health and safety and rental licencing and permissions.

Potential consequences for landlords

Airbnb operates in a legal grey area when it comes to navigating the murky waters of homeowner insurance and business related activities. Typically, a homeowner insurance policy excludes business-related activities as the property is not structured as corporate premises. This makes claims against the landlord (where a guest suffers an injury) or claims of property damage by the landlord difficult to traverse when it comes to insurance – particularly where liability is concerned. While Airbnb does offer Host Protection Insurance and has a track record of covering damage costs in the event of lessee fraud and false pretence, this doesn’t take the place of a substantial home insurance policy and as such, coverage can be problematic if a problem does arise.

Moreover, depending on where your property is located, you may be subject to specific planning regulations that dictate whether your premises is subject to additional costs as a result of letting. For instance, under UK property regulations, if a premises is available to let for 140 days or more per year it is classified as a self-catering property and consequently subject to business rates. Rates will be based on the property type, size, location and how many guests are able to stay in your listing.

This should certainly be considered and properly researched prior to advertising on Airbnb as you may be required to apply to your local council for a “change of use” to classify your property as commercial rather than residential.

If you are a responsible for the mortgage on your property, you need to ensure that subletting is permitted as the bank or mortgage company are invested in your property and as such, have a legal interest in its maintenance and upkeep.

As a landlord, your responsibilities for maintaining the property and ensuring your guests’ safety are the same under Airbnb’s rental terms and conditions. The company isn’t liable for upkeep, so ensuring that the structural integrity of your building and any fire, gas and electrical safety regulations are up to standard is your duty to the guests.

Protecting your guests, your home and yourself

If you’re planning to become an Airbnb host by listing your property on the Airbnb site, here are a few things you need to consider:

  • Check with your local council on its short-term rental legislation. In London, the Deregulation Act of 2015 allows homeowners to rent out their premises for up to 90 nights per calendar year without being considered a ‘change of use’. This means, once your property in London has been rented out for 90 days in a year, Airbnb automatically limits your listing unless you have planning permission to host more frequently.
  • If you own a leasehold property, chances are you will find a clause restricting your rights to sublet without the freeholder’s consent.
  • Check any terms and conditions in both your mortgage and insurance which may include clauses prohibiting your leasing of the premises.

Once you have established that your premises are able to be leased for short-term with Airbnb, the next step is clearly and comprehensively outlining what is allowed for guests staying at your property. This may include:

  • If you allow parties, pets or smoking.
  • Outline the ramifications if the rules are broken.
  • Ensure your insurance coverage is substantial and up-to-date.

How to resolve a dispute

The potential for a nightmare Airbnb guest is well documented, with stories gaining widespread media attention following the company’s prolific rise to success. But often not mentioned are disputes among neighbours who resent short-term guests holding wild parties and exhibiting anti-social behaviours.

If your Airbnb guests have left you with a flood of complaints from your neighbours, it’s wise to talk to them and resolve the issue directly. However, if they have taken their case to the First-Tier Tribunal (Property Chamber) which handles disputes over property and land, then it is best that you seek help from an experienced property solicitor like Foys.

At Foys Solicitors, we have a proven track record of assisting landlords in the understanding of their rights and responsibilities as well as in best protecting themselves and their finances. To get in touch simply fill out our Online Form or call your local Foys Solicitors office:

If you found this interesting, check out:

This post is not legal advice and should not replace professional advice tailored to your specific circumstances. It is intended to provide information of general interest about current legal issues.