Airbnb’s decision to restrict under-25s in Britain, France and Spain from renting homes could leave the company open to legal challenges under discrimination laws, experts have said.
The company announced that as part of its crackdown on rowdy parties it would begin testing in the three countries a ban on under-25s with less than three positive ratings from renting entire homes close to where they live.
A lawyer has said the ruling could, however, potentially be in breach of the Equalities Act 2010 in the UK, which protects people from discrimination based on their age.
Mark Woloshak, head of the dispute resolution department at law firm Slater and Gordon, said: “There are certain protected characteristics that you cannot discriminate against and one of those is age. A good example of this is car insurance. It used to be that companies would charge young men higher premiums because they were considered worse drivers and more likely to get into accidents. So if you were under 25 and a man you would pay more, but it was seen as illegal.
“Airbnb could change it in such a way that everyone has to have positive reviews to rent a whole house but they would not be keen on that as it would limit the amount of houses they put through … If the question was that you cannot rent due to negative responses they would have more of an argument.
“But it imposes something on them [under-25s] and makes it more difficult than would ordinarily be the case, based on a person’s age, so that falls outside the Equalities Act.”
Airbnb began moves last year to tackle the issue of parties as they were causing problems with neighbours in certain communities. With the coronavirus pandemic there has been even greater concern about events where social distancing measures are flouted.
The measures being trialled mean a person with at least three positive reviews and no negative reviews on Airbnb or with long-term plans is not subject to the restriction. All users can book private rooms and hotel rooms using the platform.
“The restriction is intended to protect local communities while still allowing younger guests to book listings outside of their local area,” Airbnb said.
It follows testing of similar measures in the US and Canada. The firm said it had also strengthened its ban on gatherings that violate public health mandates in response to the coronavirus pandemic.
Michael Newman, discrimination and employment partner at Leigh Day, said someone could challenge the decision on legal grounds but was unlikely to win as Airbnb had put in measures, such as requesting good reviews.
He said: “You can put in place age limits provided you have legitimate aims – so a good reason to do it – and don’t go further than what you have to. I don’t know how I would defend the claim but the company has talked about the reasons they are doing it. It seems to be about preventing large gatherings that are not observing government guidance on social distancing.
“So if they are doing it as they think without it there is a risk of people getting ill or getting Covid, that would be good reason. They have linked to geographical radius and look at past reviews, and limited to whole homes so if you want a room you still can get one.”
Airbnb said: “Airbnb is committed to being good partners to communities and today’s announcement follows a series of measures taken by the platform to clamp down on antisocial behaviour and unauthorised parties.”
It said the measures only impacted bookings within close proximity to where the booking guest lives, meaning younger guests can book any type of listing they want in other areas. All guests under 25 are still free to book private rooms and hotel rooms through Airbnb, regardless of where they live.
It said the decision was informed by well-established practices – most notably that of the car rental industry – which has long maintained a similar standard in an effort to improve safety.
