Tenancy laws in the UK...minimum term

[Katherine975]

Hi All, 

Does anyone know at what point tenancy laws start taking affect on a short term rental in the UK? 

I've seen that in parts of the US this is 28 days so lots of hosts keep their rental periods below this but its not clear if the same applies in the UK. 

I want to rent my place out for 43 days while I'm away but want to ensure I'm avoiding any complications regarding unwanted overstayers etc.

Thanks.

[Mike-And-Jane0]

@Katherine975 I have researched this at length and I am afraid it is as clear as mud. It seems to depend on factors such as who is paying utility bills etc. I think you will be OK if you pay all the bills and don't charge them to the guest except through the nightly rate. 

If anyone has found a definitive government website defining this I am sure they will let us know.

[Helen427]

Hello @Katherine975 

If you only want a Guest staying in your home for 43 days make sure you block the dates around the time-frame you will be living in your own home without any Guest trying to outstay the number of days available.

It may help prevent someone trying to claim Tenancy under the Residential Tenancy Legislation.

You may also like to ensure you have open communication with the person who is pending to stay in your property that a friend/ family member may pop around to clear your mail, water plants and be there for the Guest.

It is important to ensure you notify your Insurance company to, if you are required to, that someone else will be in your home whilst you are not present.

All the best

[Helen3]

People can have tenancy rights from day one if they don't have a permanent residence @Katherine975 so it depends on why they want to stay. 

[Mike-And-Jane0]

@Helen3 That's frightening. Where have you found this information? I really hope it is wrong!

[Helen3]

Not wrong at all @Mike-And-Jane0 . The vast majority of short lets are risk free but if for example if some one stays because the are purchasing or mining into a new rented property and there are delays they could claim tenancy rights. That's why it's always good to vet guests and understand why they are staying. 

[Mike-And-Jane0]

@Helen3 but where is this written down in a law? Short term holiday accommodation really should not allow a guest to claim to be a tenant no matter what their own situation.

[Helen3]

Look at tenancy laws @Mike-And-Jane0 

[Mike-And-Jane0]

@Helen3 I can't find any tenancy law that doesn't exclude holiday accommodation.

Does that mean a listing that qualifies as a Furnished Holiday Let cannot have a guest claiming tenants rights?

All very difficult!