owner of apartments and indirectly agency portals as Wimdu and Airbnb have suffered a defeat before the administrative court of Berlin. The decision had been eagerly awaited because it could fundamentally affect the business with apartments in attractive cities with expensive housing itself. The Berlin judge rejected the action as unfounded. “Today is a black day for Berlin,” said Wimdu-lawyer Péter Vida after promulgation
The plaintiff was Olaf Bölter on a so-called “negative clearance” -. So that the owner can attest that their way of the provision of residence is not contrary to the new diversion ban. There are several similar lawsuits against the Berlin regime. In the process Bölter argued also constitutionally. The misappropriation ban infringes the freedom of occupation, the freedom of property and the principle of equality. Bölter was supported in the process of the platform Wimdu and their counsel. Similar to the portals Airbnb and Wimdu 9flats offers the mediation of apartments and rooms for accommodation to travelers on. The platforms referencing a particularly authentic travel experience in contrast to other apartments or hotels.
the Berlin tenant association welcomed the decision. “Rarely normal ‘tenant had to hiring, as lucrative as it is today”, said the executive director Reiner Wild. From an existential threat by banning the apartments can be no question. Carsten Brückner, Chairman of the Federation of the Berlin House & amp; Basic associations criticized the differences that the law prescribes. So the grandfathering only two years applies to apartments – it expired already on 30 March. This does not apply for commercial leases. “Actually, the apartment rentals is also commercially, but the misappropriation ban makes is a difference,” said the lawyer.
Brückner criticized generally the control density that meet owners. “Capping limit, starting brake conversion regulation – there are many schemes that are based only on it to make it difficult to private property,” he says
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Similar misappropriation prohibitions also apply in other cities such as Cologne and Hamburg. In the Hanseatic city is the regime since the eighties, but by intensively until lately, reported Göran Holst, CEO of the portal Travanto and Chairman of the Holiday Apartment Association. During this time the number of its rent customers have “more than half” in Hamburg. “The consequence is that many retreat to the residential real rent,” says Holst. That is, the owner looking for loopholes in the system. Avoid In Hamburg the seller hotel typical services such as breakfast, so the rental to the local regulation as not falling “residentially” under the ban. None of his previous clients have said that he would the living room now rent regularly, says Holst. “There are often landlords, mainly living from it,” says Holst. “To rent index that simply is not worth it.”
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