Block of flats ‘feels like a hostel because of short-term lets’

A man living in Soho says his block of flats feels “like a hostel” because of a short-term let operating above him.

Yusuf, 32, who has lived in his private rented flat since 2017, said that he “loved” his home upon first moving into the property.

He told the Local Democracy Reporting Service (LDRS) that now he sometimes has to roam the streets of Westminster at night because of the noise coming from the flat above him.

“It is unbearable. I hate it. Like, I have to go out of the house most of the time. So, at night I’m out of the house because at night is the main time [guests] make the noise,” he said.

Yusuf said that the ceiling is so thin that he can hear noise almost every single day, including suitcases rolling, people walking and loud music.

“It’s like a hotel or hostel type accommodation. And when I’m paying as much as I’m paying, I don’t want to be feeling like that,” he said.

The LDRS has seen Yusuf’s detailed personal log of disturbances from the flat above him which go back to November last year.

These include incidents of loud music in the early hours of the morning. He said that he has tried to ask guests to be quiet but he doesn’t think they realise how much noise they’re making.

Properties in Westminster can be let out for 90 days per calendar year without planning permission but the legality of introducing commercial activity into a residential property is not cut and dried.

The LDRS understands that no enforcement notice has been served on this property but an investigation by Westminster Council into short-term letting at this address is currently taking place, though there has been no finding of fault at this stage. The Council has confirmed that it is the body investigating.

Yusuf said that the new landlords took over the building at the end of 2023. There are 11 flats in the apartment block, four of which are long-term tenants.

He said that the cycle of people living in the building for short-term stays disrupts the sense of community in the building.

“One more flat that’s a short-term let means there’s one less home for a resident and one less person for a community, someone that builds Soho,” he said.

Yusuf admitted that some of the noise issues are down to the structure of the building.

“[The ceilings are] very thin. So I can hear them coughing. When I’m in my bedroom I can hear them snoring when someone is snoring. That’s how much I can hear,” he said.

“Obviously as opposed to daily living I know that there’s going to be noise, but when there’s parties, music, people slamming doors, it gets tiring and it gets unbearable to live [with].”

Yusuf says that due to the turnover of guests above him, he is unable to create a consistent dialogue with neighbours regarding noise.

“I guess if it was, you know, thin walls, but you have someone consistent there, you can have a dialogue and you can say, you know, when you do this, it’s quite loud, when you do that, it’s quite loud,” he said.

“And you kind of learn how to live with each other. But because it’s new people every time, you feel like you never really get to that point.”

After the LDRS contacted the landlord, the property appeared to become unavailable on Booking.com.

The landlords of the property told the LDRS that the flat was used by a small number of responsible guest in compliance with applicable regulations.

They added that the building is old and noise travels naturally, adding that they have tried to mitigate this.

“With respect to noise, the building is an older structure where sound naturally travels,” one of them told the LDRS.

“We have always been willing to implement reasonable mitigation measures, and we have offered these to the downstairs neighbour. However, mitigation is only effective where all parties are willing to cooperate, and unfortunately this has not been the case.”

He added that they have experienced a difficult relationship with their downstairs neighbour.

Yusuf said that he has tried to communicate with the landlords of the above flat. Although saying they were initially responsive, he claims that communications have now broken down.

He said that one night the landlord brought guests around who were making “a lot of noise upstairs”. After complaining, he claims that a tense conversation then took place between himself and the landlord.

The legal status of short-term letting in residential properties

In terms of planning permission, homes can usually legally be used as short-term lets for up to 90 nights per calendar year. But there are often other restrictions forbidding short-term letting depending on the type of property.

Many leases do not allow short-term letting, and building insurance for residential properties does not usually cover short-term letting. Private tenants cannot usually sublet their homes.

Tenants of social housing cannot let out their home on a short-term basis and Westminster Council is now taking action on the small number who do in partnership with Airbnb.

According to Westminster City Council, the properties must meet certain standards and they cannot cause excessive disruption to their neighbours.

It is the responsibility of the person short-letting, not the guests, to ensure that their properties do not cause excessive disruption to neighbouring residents, by way of noise, antisocial behaviour or waste, says their short-term let guidance.

A mandatory short-term let property register scheme is expected to come into force later this year after the previous Conservative government held a public consultation in 2023.

Since the introduction of the Deregulation Act 2015 — which relaxed restrictions on short-term letting without planning permission — nuisance experienced by permanent residents has increased.

However, much to their frustration, there are no plans to ban short-term letting in the forthcoming legislation, which means the situation experienced by people in buildings where such activity takes place is likely to continue.

Additional reporting by Linus Rees.

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