Gunwharf Quays is a residential estate and NOT a hotel. If you are paying to stay in an apartment without a Tenancy Agreement and for anything less than Ninety  days .. it is NOT ALLOWED
Any arrangement which you may have entered into with any letting agent or the owner that do not meet the above requirement is a ‘clear breach of the owners lease‘.
If you have any questions or you think you may be staying in breach of conditions, please speak to the onsite Estate Management Team [site office] or contact the Managing Agent – Dack Management on 02392 896 999
Gunwharf Quays Residents Company Ltd [GQRC]
Letting of GQRC accommodation
GQRC Apartments and Townhouses may be let on standard Assured Shorthold Tenancies but GQRC has had legal advice, which is fully supported by a High Court Ruling in its favour, that Apartments and Townhouses may not be let for short-term periods (less than 90 days). This precludes “Holiday Lets” through on–line companies, such as, AirbnB, Booking.com, or such similar sites.
Assured Shorthold Tenancies
GQRC Apartments and Townhouses may be let on standard Shorthold Tenancy agreements provided such agreements reference the tenant’s obligations to observe all covenants and restrictions relating to the Apartments or Townhouse, as specified in the Title Deeds of the house and in accordance with regulations determined by GQRC.
In particular the tenants are bound by:
- No parking of caravans.
- No parking of motor homes.
- No parking of lorries.
- No parking of large vans
- No washing to be on display.
- No right of way along the main roadways.
- To maintain the areas in a neat and tidy condition.
- No business activity if this involves visits by customers or storage of merchandise.
- No nuisance.
Holiday Lets or Short Term Letting.
AirBnB-style holiday letting is a growing phenomenon, with the potential to radically alter the nature and ambience of GQRC if allowed to continue unchecked. GQRC has had legal advice that such use of GQRC houses is a clear breach of the restrictive covenant “not to use the property other than for private residential purposes”, which is a covenant binding on all shareholders. There have been a number of recent court decisions about AirBnB type use in similar circumstances, all of which support that advice. GQRC has therefore resolved to take legal action to stop such use in GQRC apartments and townhouses for the benefit of the whole estate, and over the past year we have issued strong letters asking Owners and shareholders to stop such letting activities.
Most Owners and shareholders have responded positively and stopped. However on other estates nearby, shareholders have ignored warning letters and continued with ‘holiday letting’, and so GQRC will commence legal action against anyone who continues with this practice.
Examples in nearby estates: “One of the shareholders settled out of Court, but had to pay the Estate £4,000 in legal costs. The other shareholder chose to defend his case, resulting in a hearing in the High Court in October 2018. The High Court found in favour of the Estate again, determining that the covenant “not to use the property other than for private residential purposes”, prohibits such short term lettings. The Court ordered the shareholder to pay the estate £10,000 in legal costs.
As the case was heard in the High Court, the decision sets a legal precedent, on which GQRC will rely in any future cases at GQRC. This High Court Judgment made clear that short-term occupation of GQRC properties constitute a breach of our covenants. While the Judgment related to AirBnB type short term letting, the same principle applies to other types of short term occupation, for example companies using a house as a form of hotel or hostel for employees for short periods Shareholders are respectfully asked to take note. Any Owner who is using their property for anything other than for private residential purposes, are asked to contact GQRC immediately to discuss their situation further.