Maximum stay permitted under UK law (outside London)

James40
Level 2
United Kingdom

Maximum stay permitted under UK law (outside London)

Hi All,

 

This is the first time I used this forum, thanks in advance for any help you can offer! : )

 

I normally put a limit of 30 or 31 days on my listings as I thought any more than this and the property would be subject to a different set of rules. i.e the same rules that apply to Assurred Shorthold Tenency agreements.

 

I have a guest who would like to stay for 3 months. I think I'm ok with this, as long as I'm not breaking any rules legally. Do anyone know the UK law on renting out to Airbnb guests for more than 30 days?

 

Many thanks, James : )

6 Replies 6
Kathie21
Level 10
England, United Kingdom

I assume this is an 'entire place' listing rather than shared with owner?  If so, it depends.  Why is s/he staying so long, and does s/he have a permanent address eslewhere?  If they don't, the risk is that a court would rule that this is a de facto residential tenancy and not a genuine holiday let, with all the rights that would confer on the tenant.  And as you wouldn't have a lease or signed inventory, you would be in a very weak position. Anything over 28 days is open to this kind of re-interpretation.  You would also need to be sure that your buildings insurance (and mortgage provider if you have one) are OK with it.

Thanks Kathie, 

 

That's very helpful of you. The guest are exchange students comiing from Hong Kong. I expect they would have permenant addresses over in Hong Kong. So do you think I need to draw up a contract to protect myself in the event that something goes wrong?

 

Thanks again, James

Helen3
Level 10
Bristol, United Kingdom

In your situation James. 

 

I would suggest you get a properly drawn up assured short hold tenancy agreement. There are templates you can buy online to do this, that you can then adapt for your needs.

 

Don't try and do it yourself unless you are a solicitor.

Kathie21
Level 10
England, United Kingdom

The issue with any assured shorthold tenancy is that you will not get a court order to evict a tenant until they have been there for at least 6 months - that's why such tenancies are normally for that period as a mimimum.  The risk that an exchange student would try to stay on is probably minimal but it is one reason why insurance companies may be twitchy about it.

 

We had a similar situation with a neighbour's daughter who just split up with her long term boyfriend - wanted somewhere short term while sorting everything out.  Buildings insurance company ruled that it wasn't a genuine holiday let so wouldn't allow it on our existing policy, and wouldn't give us a policy that covered a residential tenancy because it was for less than 6 months!

It's a tricky one. So technically no UK Airbnb host can host for more than 28 days without taking the risk of a guest overstaying their welcome?

hi James 

I was looking at your conversation which is really interesting. I have a guest who is interested in booking for 45 days which of course is great but I am worried about the risk of them declaring themselves a tenant. What did you do in the end? Did you get a short term tenancy agreement in place? 
Thanks for any advise Helen