TV Licensing

[ethump]

Hi!

Context: I have a house in city A (in England) with my family in it. It has a TV license. I also have an apartment in city B (also in England). It does not have a TV license. The TV in the apartment has a Chromecast jobby plugged in. I personally use the apartment when I'm working in that city, which is pretty often.

I myself am well aware of what I can do with respect to watching TV when in the apartment (I very rarely do but if I do watch any BBC, it's on my tablet with the power cable removed. I do this given I (personally) have a TV license at my main house).

Now, I occasionally rent the apartment out on AirBNB. Helps with the costs and all that. I make it clear on an info sheet in the apartment that there is no TV license and to act accordingly.

My question is... What if there's a knock at the door, the guest unwittingly lets the agent in who then catches them watching Eastenders chromecasted onto the telly. Who is on the hook?

When the tenant fires up the app on their device in order to cast to the TV, it asks if them to declare they have a license before proceeding.

It's my property... but I'm not the one watching TV. I'm not even there.

cheers!
e

[R0b]

Hello

As I understand, the way the law is drafted on television licences, it says that a person who installs or uses a television will be responsible. Given that you have installed the TV and making it available to short term tenants, the responsibility on a strict interpretation of the law suggests that you are going to be liable should it be found out that there is no licence at the property.

Having said that, licensing authorities usually accept that if a TV has been provided to the tenant (think students) then the responsibility would be on the tenants to ensure a licence is obtained. The issue becomes a little more grey if you are renting out the property for short periods and I would take the cautious approach and assume responsibility lies with you and so you should do everything possible to ensure the matter is brought to the tenant's attention and the consequences.

A few examples you might want to consider to protect yourself:

- You make it clear on Airbnb that the potential tenants are made aware that the property does not have a TV licence and it is their responsibility to purchase one. If they are found to have been watching TV without a licence then you reserve the right to recover any costs you incur as a result.

- Send an email to the tenant after the booking (automatic email if possible) to confirm that the property does not have a TV licence and repeat the above.

- Purchase a TV licence to cover the property but pass on the cost to prospective tenants using your property. One way of doing this is increasing the rent charge based on the number of expected tenants you may get over the year so the increase would be nominal and still pays for itself.

Common sense should prevail but as we know with most authorities, they don't really care and will continue to take enforcement action anyway so you should use whatever evidence you can to show you are not responsible, including obtaining details of the tenant or lead tenant to pass on to authorities.

[PallasAthena]

As a regular Airbnb user I probably wouldn't stay in one that said in effect you can't watch TV here, unless maybe I was only there for a quick overnight stay. Provision of a licensed TV in an Airbnb ranks up there with providing WiFi and heating to my mind. Why would you not buy a TV licence? I would expect it to be one of the costs of doing business that you build into the rental charge you make.

Watching TV or a film on my phone, the option suggested to keep myself legal, wouldn't be at all an acceptable alternative to most people. Large screen TVs are pretty much standard in Airbnb rentals nowadays.

[islandgirl]

Buy a licence. Your poor guest opens the door to an inspector and believes them when they say they have right of entry. Who is fined? The guest.

[PallasAthena]

Buy a licence. Your poor guest opens the door to an inspector and believes them when they say they have right of entry. Who is fined? The guest.

Regardless of the legal principles this is where it would become a problem for the OP. TV Licensing can't issue on the spot fines nor have power to demand the identity of the guest who happen to be staying there that night. The guests will, I've no doubt, just say to any TV Licensing Inspector 'I don't live here, just renting on Airbnb for the night. You need to contact the owner Mr...".

If it's a first time visit they will insist the OP buys a licence and prosecution is unlikely.

TV Licensing won't waste their time trying to find the guest who was there that night just because of a clause in the Airbnb rental. They'll take the easy route and go after the OP.

But if OP were proseuted and convicted what use would it be to him to have a right to recover costs incurred from the guest who happened to be there that night? Hard to enforce (is a criminal fine a 'cost incurred'? Is the cost of buying a TV licence for the future a "cost incurred" that can be recovered?) and how would you even find them when the current magistrates court baclog could be maybe a year later?

And OP would end up with a criminal conviction that can't be transferred to the guest. In many jobs having a conviction like that can have serious consequences.

So I agree - buy a licence!

[PallasAthena]

If the OP is determined not to buy a TV licence the more ceative solution is simply to remove the power cable from the TV and lock it away.

[ethump]

OP here... thanks for the opinions.

The reason for my post was half thinking-out-loud but yes half thinking of not buying a license. I do make it clear on the info sheet that there is no TV license. Yes I've installed and provided a "TV". Maybe I should have been clearer, it's not a TV. It's a large flat-panel monitor that work was chucking out. The "TV" isn't connected to any antenna (it doesn't even have a tuner). It has an HDMI cable and a Chromecast for me/guests to make use of.

I'll probably buy a license just to save any faff, but for the sake of the argument, let's say I do not. Yes, I understand what y'all are suggesting looking at it from a guests perspective, but I'm interested in the legal footing (this being a legal forum, not an airbnb owners forum!)

The inspectors would have to breach two secure barriers (fob-controlled main gate and fob-controlled lobby door) before they even get to my apartment door. Admittedly this would be quite easy to do by tailgating someone else coming into the building. Are they allowed to do that?

Let's say they do get into the building and knock on the door and catch the guest watching Question Time on the "TV" by casting from their mobile (the guest having thus declared they have a license on the BBC app (though I don't think there's a use-case in their license where they'd be covered)), despite being warned on the info sheet that the property itself does not have a license. Following Pallasathena's posit that they'd take the easy route and go after me, what are they going to come at me with? I'm not providing anything that can receive a broadcast. The guest has to do that. How do they find me as the owner of the apartment? In the 3 years I've owned it, I've never had/needed a license thus don't appear on their systems. All the comically escalating correspondence is addressed to "the legal occupier".

[PallasAthena]

How do they find me as the owner of the apartment? .

Because if I were the Airbnb guest and they arrived at the door I would tell them who I was renting it from and how to contact you. Then tell TV Licensing to go away.

[ethump]

Common sense should prevail but as we know with most authorities, they don't really care and will continue to take enforcement action anyway so you should use whatever evidence you can to show you are not responsible, including obtaining details of the tenant or lead tenant to pass on to authorities.

Airbnb provide me very little info. Just a name usually. Thinking about it, it could be anyone that actually checks in.

[ethump]

Because if I were the Airbnb guest and they arrived at the door I would tell them who I was renting it from and how to contact you. Then tell TV Licensing to go away.

Likewise, all the guest gets is a name. They'd have to go after Airbnb to get my full details.

[PallasAthena]

I'll probably buy a license just to save any faff, but for the sake of the argument, let's say I do not. Yes, I understand what y'all are suggesting looking at it from a guests perspective, but I'm interested in the legal footing (this being a legal forum, not an airbnb owners forum!)

Fair comment but more accurately it's a site for people wanting help with legal issues, the solutions offered don't have to be legal ones. The best solutions often aren't!

I don't have anything more to add. I'll be interested to see if anyone has a legal solution for you.

[ethump]

Fair comment but more accurately it's a site for people wanting help with legal issues, the solutions offered don't have to be legal ones. The best solutions often aren't!

I don't have anything more to add. I'll be interested to see if anyone has a legal solution for you.

Fair comment also thanks for your input so far!

[islandgirl]

So the person opens the door. The licence officer says he has a right of entry and he must be allowed in. Guest believes him. Then a form is filled in. The guest will be asked their name and address. Officer will not be interested in the owner but will proceed against the person who is watching TV. Fines are now dealt with as a SJP (single justice procedure) and we all have to take our turn. We get through 100s in a session. Last time I did it we were running maybe 6 months behind. There is no hearing unless the fine is disputed. The lady from TV licencing in our court is very pragmatic and helpful. Not all will be. So I go back to my statement of "poor guest". If I rent a house or flat with a TV I expect it to have the appropriate licence for it to be used. There is no excuse in my opinion.

[R0b]

I would defer back to my previous post in that the language of the law suggests that anyone who installs or uses a TV-receiving device is liable. It is a strict liability offence in that it is not necessary to prove what you knew or believe, the mere act of having a TV installed or using a device to watch TV is enough.

If you want to peruse the legislation for yourself then it's the Communications Act 2003, sections 363-368 (link to legislation here). s.363 makes it clear a television receiver must not be installed or used unless you have a TV licence. When you read the definition of "television receiver" I believe it refers to the component or device that is installed capable of receiving live TV e.g. the device inside your TV or in other cases laptop, mobile phone etc.

Owning a TV itself would not be an offence but the onus is on the authorities to prove it was installed to watch live TV. Aerials connected to your TV, or other devices such as the Amazon Firestick or Google Chromecast, Apple box, Now TV box would be used as an inference that the TV is being used to watch live TV so the burden of proof would likely shift to you to show it wasn't installed or used or live TV use.

If the authorities can only show that a TV was present in the property without 'something else' I think they might struggle to obtain a conviction because there would be no evidence that proves beyond reasonable doubt that the TV was installed for that purpose instead, let's say, for catch-up TV or DVDs. Unless there is a browsing history that can show what was accessed and when, it could be difficult to prove. But ultimately the decision would be up to the court to be satisfied that the authorities have met the burden of proof and not something anyone can guarantee 100%.

On the other hand, if a tenant themselves decided to watch TV on their laptop or phone, then you should have a relatively easy defence by pointing to the tenant who was there at the time and provide details where you can. Again, they would have to prove that it was your TV being used rather than the tenant using their own device and so long as you can prove someone was renting at the time of the alleged offence, it would create doubt and possibly lead to a finding of not guilty.

Having said all of that, I agree with everyone else in that for the amount of time and effort, and potentially getting into disputes with tenants, purchasing a TV licence and recovering that through the rent charge would be the simplest way to go.

[PallasAthena]

The guest will be asked their name and address.

Do they have to give it? As they have no general right of entry I'd be surprised if they have the power to demand your name and address

Under Capita's TV LIcensing Prosecution Policy [para 7.4.2 (g)] they will not normally prosecute if "The person is a genuine visitor" on public policy grounds so in practice the Airbnb person staying for that night isn't going to end up in court, nor could they be required to buy a TV Licence as by the time the TV Licensing people were able to follow up they wouldn't be there and so wouldn't have an obligation to buy one.

TV Licensing regualtions don't seem to have caught up with the concept of Airbnb!