Long term guests using whole house UK

[Jonathan323]

Hi. I have a UK property that let through AirBnB. We are quite new to this but up to know have had guests book only up to a max of 28 days. We have just received a request for 2 months. I am fine with this but dont want to leave myself open to some loophole (or even scam) that may put me in a difficult position if the guests decide they dont want to leave after 2 months. I know this is unlikely but I want to cover myself for every eventuality...so, does the law change for longer term lets, do I need a seperate contract, do I become a landlord (as opposed to host), does the let become an AST and hence not under the same rules as a holiday let....can anyone affer any advice? Thanks in advance

[Matthew285]

@Jonathan323, you ask an excellent question; the answer is usually very location specific. (For example, the laws on tenant's right for San Francisco are different from other cities in California, even the cities next door.)

You might need to speak to someone knows the laws for your specific city/town.

And please share with us what you find!

[Branka-and-Silvia0]

@Jonathan323

as @Matthew285 said it is very country-specific... but as far as I know:

does the law change for longer term lets - YES

do I need a seperate contract, - YES IT WOULD BE WISE

do I become a landlord (as opposed to host), - YES

If a person stay at your property less then 28 days he is a guest and stay short term. If your guest doesn't want to leave you just call the police bc he is trespassing.

If he stays longer then he is a tenant and you should give him 30 days notice to leave your place, that is why many listings have max stay limited to 28 days.

I have the same concerns as you do and I have max stay 15 days. I don't think ABB is the right place for long term rentals. I like to talk and meet in person with my potential tenants and if I feel the person is ok then we sign a contract. This is not possible through ABB which makes it to risky.

[Emiel1]

Hi,

And additionally: this is what Airbnb says about the subject:

https://www.airbnb.com/help/article/1354/what-are-some-differences-between-long-term-hosting-and-sho...

Best, Emiel

[Tracy784]

I have a guest booking  in soon  who are staying  for 6 weeks , they wanted longer ,why they look for a rental property. That’s what they have told me and I should have no reason to think otherwise. 
  My queries / questions are do I change the sheets for example once a week or twice a week, this way I though I could check on my property at the same time, am I allowed to do period checks as this is not a normal rental is it. Where do I legally stand in uk if they don’t leave at the end of Feb? 

Do I do a make Different agreement ? 
just to point out I have no washing machines at the property , they don’t have a car . How do I talk to other host that have had them as guests before , am I allowed to? 
lots of questions .

[Mike-And-Jane0]

@Tracy784 I would love to know the answer to your question. From all I have researched I do not believe the guests gain tenants rights if they go over 31 days. It seems to depend on other things such as who pays for utilities, tv licence etc. What I do know is that anything over 30 (31?) days doesn't count towards the Furnished Holiday Let requirement of 105 days per year. 

Also beware that Airbnb won't collect the 5th and 6th week payment until the end of the 4th week which means your payments are not overly secured.

I trust the property is expensive enough to encourage the guests to find a long term rental?

[Huma0]

@Mike-And-Jane0 

Yep, it's not that easy to find clear information on this subject. I have also read that short lets are not subject to the same regulations as assured tenancies, but I've not seen this stated from any official source or found the legislation that covers it.

As I host private rooms in my own home, this is not something I worry too much about, because, even if they had the same rights as long-term lodgers, guests would not have the same rights as tenants.

If I was renting out an entire unit to long-term guests, I would want to know every detail of the law on this. With STRs being such a common thing now, it's weird that there's such a lack of information.

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@Mike-And-Jane0 wrote:

I trust the property is expensive enough to encourage the guests to find a long term rental?

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I think this is a key point. If the guest is paying the same, or only slightly more, than they would for a long term rental, once all things like utilities, Council Tax etc. are taken into consideration, they are much more likely to overstay. Otherwise, I would think they would want to find their long term accommodation asap, unless there is some issue (bad references, credit rating etc.) stopping them.

[Elaine701]

I generally won't take a booking for more than 28 days, but will consider it if I have the chance to meet the guest directly and use my own contract that addresses any issues with Spanish law. 

Having said that, if at any time any guest would ever refuse to leave, we do have the last resort "nuclear" option of shutting off electricity and water in such a way that they'd never figure out how to turn it on again. And we have a 2nd set of locks ready to be installed. 

Then it's their problem to fight me. And if you've ever dealt with Spanish courts, you know it would be a nightmare for them. Both of us, really. 

Frankly, I have no reason to fear this would ever happen, because my lawyer wouldn't ever allow me to be in that position. But I do have the "red button" if it ever came to that 😉