Short term holiday rules.

sclondon2018

Hi all. I was wondering if someone in the know could assist with the following after our thoughts of Air BnB'ing our a house. 

1. What is the maximum someone could stay, as a holiday home/short term let before they have any rights to remain in the property? And where is this written in law. 

2. If someone overstays (WITHIN the timeframe in #1), is it a case that we can let ourselves in after the agreed time and contract ends and change the locks /remove them from the property as per a trespasser? 

3. Are you protected with the above if someone has 28 days... then leaves the property for a night, and then books for another 28 days, etc. or does this then fall into the realm of being their primary residence and not a holiday/STL? 

Many thanks in advance. 

LegallyLandlord

My understanding is that under the Housing Act 1988 it won't be an assured shorthold tenancy (AST) if it's a holiday let. The Act defines 'Holiday letting'  as 'a tenancy the purpose of which is to confer on the tenant the right to occupy the dwelling house for a holiday'.

So long as their principal residence is somewhere else, it won't be an AST.

There isn't a magic number of days, but the longer it is, the more likely it is that it's their principal residence.

If it is their principal home and it's considered an AST, you won't be able to change the locks and evict them without using a noticed under either Section 8 or Section 21 of the Housing Act. Section 8 is complicated and you need a specific ground, and then go to court for possession. Section 21 doesn't need a reason but takes 2 months.

This is a complicated area

Hope that helps