Holiday Lets
- Holiday Lets are governed by a unique letting agreement not protected by the same rules as an AST - instead it is similar to CLT rules.
- The temporal nature of such a letting agreement does not warrant the same protection as a property which is the only or permanent residence of the tenant.
- There are potential pitfalls for unwary landlords letting a property for a short time erroneously using an AST agreement instead of a holiday letting agreement.
- Remember, the minimum enforceable period of six months must expire prior to seeking court assistance to evict via an AST tenant - whatever shorter term might be agreed at the outset! I.e. a landlord and tenant can agree a one month tenancy, however, if the tenant decides to remain for say six months, then the law will not allow the landlord to hold the tenant to his promise to leave after say four weeks - the landlord is stuck with the tenant. Fair? No! Legal? Yes!
- The point of stating this is reflected in the situation when the next tenant cannot move in because the previous tenant is still sitting there! Beware of any potential inadvertent overlaps! If there is a risk, use a holiday agreement CLT not an AST. Note that it must be a holiday let and not a means to circumvent AST rules - see Street and Mountford.
- The nature of a holiday let is more commercial than residential.
- The occupants are customers as part of a business
- The rubbish created is commercial and must be disposed of in accordance with separate rules (commercial waste is paid for separately not as part of residential waste).
Published: 8 November 2013
Last Updated: 17 November 2021