City decision to block north London Airbnb rental upheld at hearing

A hearing decision released Friday means the owner of a north-London house listed on Airbnb won't be getting a new city licence to continue operating the property as a short-term rental. However, one neighbour is skeptical the decision will actually stop the owner from renting out the house. 

A hearing was held Thursday after Jithin Das, the owner of 167 Sunnyside Dr., had appealed a city decision in February to not renew the short-term rental licence for the five-bedroom house near Masonville Mall. 

The key issue was whether or not Das lived at the property.  The city's short-term accommodation bylaw restricts rentals to properties that are the owner's primary address. 

Appeal dismissed at hearing 

Das told the tribunal he stayed in the house two or three times a week when he's not travelling outside of London for work. A city licensing manager told the tribunal after investigating, they don't believe Das lives there. 

In the end, hearings officer Don Bryant ruled in favour of the city.

"On the totality of the evidence I do not accept that 167 Sunnyside Drive is the resident address of the appellant," hearings officer Don Bryant wrote in his decision. "As such, the decision of the licence manager to refuse the licence for 167 Sunnyside Drive is confirmed and the appeal dismissed."

Neighbour Chris Prater told CBC News Bryant made the correct decision. However, Prater also said he and his neighbours will be watching to see that the city follows through on enforcement should the house continue to be rented out to short-term guests. 

"We're pleased with the outcome, I think it was an obvious decision for the city to make based on the issues that we've had," said Prater. "It will be interesting to see, if he continues to rent it out, what the city's next step will be." 

Prater said neighbours have been complaining about the property for more than three years. The house made news last fall when a two-day sorority event brought busloads of students to the street.

"The measures that the city has taken up to now obviously haven't been that effective if we're still dealing with this problem," said Prater "And I don't know if that's going to change."

Owner won't commit to taking down Airbnb listing 

CBC News reached Das for comment on Friday. 

He wouldn't answer when asked if he will stop renting the property now that that the property is no longer licensed to operate a short-term rental. 

"I've not decided about that," he said. "That's not the matter here right now." 

Das said there are relevant aspects of his case that were not brought up during Thursday's 90-minute hearing. He would not elaborate on what those points were.

The house continues to remain an active listing on Airbnb, with multiple bookings scheduled in the weeks ahead. 

CBC reached out to Airbnb for comment on Friday, but did not receive a response.

Penalties for violating the city's short-term accommodation bylaw include a minimum $500 fine which can range up to $25,000 for a first conviction and up to $50,000 for any subsequent conviction.