Housing Executive tenants in Derry are being warned to make sure they are not breaking tenancy rules by using the website Airbnb.
The website allows people to rent out rooms or their entire house to people for a short period of time.
There have been claims that some Housing Executive tenants and those in receipt of housing benefit have been renting out their homes for extra money.
More than 80 properties are offered when you search the wider Derry area on Airbnb, with an average nightly price of roughly £63.
Offerings range from £15 a night for a room in a 15-bed dorm in the city centre to as high as £195 a night for a period house with river and city views which can accommodate up to 10 people.
Places for offer include flats, houses and even potential wedding venues.
The company does not own any property itself, but acts as a “middle-man,” taking a cut of all transactions which take place on the website.
A spokesperson for the Housing Executive said while they could find no evidence of any of their properties on offer on the site, tenants should be aware of the rules surrounding such ventures.
“We can find no evidence whatsoever that any of our properties in the city are currently being listed on the Air B n B site. To date, we have not received any reports or complaints that this is the case.
“From a legal perspective, subletting is not a criminal offence in Northern Ireland but can be considered a breach of Housing Executive tenancy conditions.
“It is a general condition of a Housing Executive tenancy that the tenant must not sub-let or part with possession of the property, or any part of it, without the prior written consent of the local manager.
“In such instances a tenant is advised that any benefit entitlement may be affected.
“A tenant cannot sublet the whole of the property as this will cause the tenancy to end.
“Any action the Housing Executive would take is dependent on whether the tenant had sublet a part of the property (without permission) or the entire property,” said the spokesperson.
“The Housing Executive can seek to obtain an order of the court for the possession of a property for a range of reasons, including where a tenant is not living in the property as their only or principal home.
“If a tenant is unsure of the rules around subletting we would ask them to contact their local office to discuss.
“Social housing is a valuable resource in Northern Ireland with demand far exceeding supply.
“We are committed to tackling all forms of tenancy fraud, including subletting, and encourage the support of local communities in identifying and reporting any potential tenancy fraud. Any such reports are fully investigated under our robust tenancy fraud procedures.
“If anyone suspects that tenancy fraud is being committed then we would urge them to contact us on 03448 920 900,” said the spokesperson.
A spokesperson for Derry City and Strabane District Council said that the main housing legislation enforced by Council is the Private Tenancies (NI) Order 2006.
“The letting of private properties for the purposes of holiday accommodation does not fall within the definition of a “private tenancy” as defined in the legislation (Article 3(2) (c).
“However, council’s Planning Service may need to be consulted where a property is used over a significant period of time for the purpose of BnB or holiday accommodation as this ultimately changes the use of the property and any material change of use could require planning permission,” said the spokesperson.
“A ‘change of use' application would be required if the area being used is more than 50m2 where the rest of the property is a family home.
“Any alterations to a property to create accommodation may require an application.
“Should the accommodation become more extensive or the whole building be given over to this use, then a “change of use” application may be required for “hotel or boarding house.”.
“This would require Council to primarily consider the fire safety measures and access arrangements.”
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