3-month stays in the United Kingdom

[Claudia843]

My question is for hosts in the UK, but the Airbnb website brings me back to the Italian platform because that's my operating system's language and that is the first thing I'd like to change, but unfortunately it's been like this for years (since hosts also lost contact with Airbnb global and are forced to deal with country-specific platforms, and staff, the massive problem arising when the property is in one country and the owner in another). At any rate, that's a different story. So, about today's story...

For the first time, I was contacted by a guest who'd like to spend three months in my flat, and I know three months is a sort of threshold. I remember reading something to that effect but unfortunately I cannot seem to be able to find anything specific now that I am proactively looking for it, so I thought I'd pick your collective brains in search for specific rules, customs, good habits, etc. For example, I remember that stays of longer than 3 months did not fall under the 90-days rule, right? Do I also need to sign a separate contract, in addition to completing the transaction on the Airbnb platform? As for payments, I doubt it would be processed as a lump sum, like for shorter stays. Would I be receiving payments monthly? Weekly? Something else? Guarantee: I normally have a minimal amount, but for stays of three month I would require one month, is that the norm? Too little? Too much?

As you can see, I have plenty of questions and no answer so any tips, suggestions, comments or advice from anybody with specific knowledge of rules applying IN THE UNITED KINGDOM are welcome.

Unfortunately, and I hope to be proven wrong, this message will go out to the Italian community, which sort of beats the purpose, but you never know.

Thank you in advance.

Claudia

[Mike-And-Jane0]

@Claudia843 I have yet to find a definition of when a short term rental becomes a tenancy. In the UK the (tax) rules for a Furnished Holiday Let do not allow stays over 31 days so some interpret this as the point at which a tenancy starts. But this appears to be an assumption not a rule.

There must be a rule somewhere but I cannot find it.

NOW Beware that Airbnb are not well suited to one term stays.

They only collect the first months rent and then 'hope' the guest (tenant?) will pay at the point of the second and subsequent months.

They do not collect a security deposit

They do not do all the things required by landlords for long term tenants such as requiring an EPC for the property.

Basically they leave you very poorly protected.......

[Helen3]

When you say 90 days are you referring to the 90 day a year limit for London stays @Claudia843 . If so have a look at the regulations on your local council website for STRs.

If you let a whole listing for 30 day plus guests can get tenancy rights.

I agree with @Mike-And-Jane0  i wouldn't use Airbnb for long term lets . I would want to credit check the tenancy , take a deposit and have a contract .

[Mike-And-Jane0]

@Helen3 Can you find a reference for me that says guests in the UK get tenants rights after 30 days? I can't find it anywhere (although I recently found a Towergate insurance document that suggests up to 6 months is ok provided the host pays council tax, utilities, internet etc)

[Helen427]

Hello @Claudia843 and welcome to ABB CC from across the miles in New Zealand

@Huma0is this something you can assist @Claudia843 with answering as you have longer stays in your home?

@Helen350 @Mary996 

[Mary996]

Thanks for the tag @Helen427.

Holiday lets are specifically excluded from designation as a tenure and constitute a mere licence to occupy.

A tenure can be created for a minimum of 6 months with a contract. Either arrangement can be subject to a deposit of any amount you see fit to protect your fittings and furnishings. I'd think about the value of carpet cleaning and/or of your most valuable piece of furniture (or remove it).

STRs is a US concept which doesn't apply in the UK. If someone would like to stay for 6 months or longer this is where a tenancy is capable of being offered and an agreement is advisable. A tenure cannot be created for less than 6 months as the L takes on a committment to the T for that minimum period and it cannot be arbitrarily ended... as a Holiday let (the mere icence to occupy) can. And the Ciurts are swifter to evict Lincesees or Lodgers. Once served for tbe first period there is a presumption that the same terms will apply for any longer periods.

So if from the outset they want 6 months or longer. You'll be constructing a tenure.

If less and you agree in writing that it's a holiday let with a view to becoming a tenure after 6 months (if wanted by both parties). Then the tenure would have to be for a period of 6 months minimum (or longer as you agree).

Hope that helps! 

[Mary996]

Courts

[Huma0]

@Helen427 apologies for the late response. 

@Claudia843 might be too late to respond to your questions and I am not 100% sure about your situation but, my understanding is that, in the UK, if someone is renting in your own home (your primary residence), they are not a tenant but a licensee/lodger. They therefore do not have the same rights as tenants.

What that means is that you do not need to go to court to evict them. You do not even need to have a reason to evict them as, by law, you are not expected to live with someone in your own home if you no longer want to. What you are expected to do is to give them 'reasonable notice'. That is a bit vague, but is usually taken to mean the rental payment period. So, if someone pays you weekly, you can give them a week's notice. If they pay you monthly, a month's notice is considered reasonable.

Unlike Assured Shorthold Tenancies (where you are renting out an entire property), you are allowed to remove the lodger's belongings and change the locks (you cannot do this if they are tenants), BUT you should give them notice and an opportunity to collect their affects before you do so. 

Now, my knowledge may not be 100% up to date as I haven't read up on this in a while (haven't really needed to do so for a while) and it is possible that things have changed, especially with tighter regulations in terms of evictions being brought in due to the pandemic.

I would always suggest you do your own research to get the most up to date information. In the UK, as well as government and local council websites, you can find useful information on the sites of organisations such as Shelter and the Citizens Advice Bureau.

[Claudia843]

Dear Mary,

thank you very much for the clarifications. To try and explain my situation: I currently let out up to a maximum of 90 days/year, because I did not want to go through the hassle of getting licences, etc. If I understand correctly, the 90-days rule (applicable either to property in London or in the entire UK, I am not quite sure) no longer applies if:

1) I rent out a bedroom in a flat with access to common areas and not the entire property;

2) the rental period is >90 days.

It would obviously be a Holiday Letting.

I have since declined that request, but just to make sure I understand correctly, let's say I have already used 80 of my 90 days/year, and then I receive a request for 91 days. I would like to make sure that:

3) I can still accept that (but I am relatively sure the Airbnb platform would block it if this was not the case, as it would requests of 11 days or more

4) I will not incur any trouble and guests cannot overstay.

As for the rest, I would probably increase my guarantee to the equivalent of one month, as this would be my standard in Italy and I am not aware of any rules I would be infringing in doing so.

Again, thank you for confirming if the above is correct, and/or for adding to this conversation.

Claudia

[Mary996]

Hi Claudia

Welcome!

90 days = approx 3 months. Unless you have a Superior Lease, Freeholder or other oversight to consider... whose permission you need eg to sublet... I can't see any restriction on you offering a holiday let for 91 days. What is the 3 month rule that you're referring to? 

[Mary996]

Having Shared areas such as kitchen and bathroom where you also live constitutes a licence to the person you invite in and they are a lodger, sharer, flatmate or other name but you can in principle just lock them out in the event of disagreement though mutual notice is tbe obvious courtesy. But there are are no cinsequences for such behaviour. If you lock out a tenant, especially a Rent Act protected tenant you committ a criminal l offence. 

[Mary996]

Just sharing a hallway doesn't constitute an amenity and if they occupy for more than 6 months they could claim exclusive occupation and a tenure. But  increasing the rent overcomes a lot of difficulty... 

[Mary996]

License fee that is to say if not a tenure