Updating post from Reddit.
Rookie landlord here I rented a studio flat on basis of a holiday let for 4 months however the occupier refuses to leave and claims they have acquired a tenancy because they were never using it for a holiday. It has always been a holiday let Can I use a private bailiff company to remove them?
If there isn’t an AST, which there wouldn’t be if it’s a holiday let, they don’t have the same rights. Get the bailiffs in
What if the court says for some reason that they acquired a tenancy
How could they acquire one of you didn’t give it to them? If there’s a fake tenancy agreement in circulation, that’s fraud
They give reasons that they never were on a holiday
Ok it comes down to the agreement. I have kicked countless people out of short term let’s so I know there are no repercussions if they have booked it on Airbnb etc. just go in and take your property back. If you gave them an AST even though you’re referring to it as a “holiday let” on here, get your eviction notices typed up and applications to the court prepared.
I gave it to them privately but I previously rented to them on air BnB a couple of years ago
Can you clarify what the agreement is, is it just words over email? A chat over the phone? Has anything been signed? Were there any terms put in writing?
It is a written holiday let agreement. Which part of the written agreement do you want to know
Ok the eviction laws don’t apply then, you can send the bailiffs around or go in a s change the locks whatever you feel would be easier/more efficient. If they argue it is a tenancy, you have a written document to prove it’s not so there’s no reason to fret. Google AST vs holiday let eviction, it will reiterate what I’ve said if you’re still unsire
“The Tenant shall be en+tled to occupy the property for holiday purposes only. This agreement shall not confer on the Tenant any security of tenure within the terms of the Housing Act 1988 pursuant to which the occupa+on shall be deemed to be by way of an excluded tenancy.”
You sound like a really horrible and tedious person
Has the court said that? If not, then don't worry about it unless they do. If a court did say it, then yeah they have a tenancy.
No it hasn’t gone to court yet. What if it goes to court and I’ve been found to have evicted a tenant ?
It sounds like you think this is a possibility? Rather than the occupier talking crap. You should talk to a specialist https://www.landlordaction.co.uk/
They will sort your problem out in no time.
I just want to cover my bases. I gave a holiday let agreement but didn’t check with them that it was for a holiday
This post has got to be a joke?… the ‘tenant’ posted a few days prior to this. Possibly on another housing sub
No it’s not a joke. If you have any advice thanks
4 months to a single occupier? Was it rented before that for any other stays longer than a month?
The rules on holiday lets state you have to have it occupied for 105 days of the year, and it has to be available to rent for 210. If someone is in for more than 31 days, the stay doesn't count towards the 105 total, meaning if that was the only occupant, you'll no longer qualify as a holiday let. You also can't have more than 155 days of long term stays (31 days or more) in the year.
So basically, if you have had another person stay longer than a month you no longer qualify, and if you haven't had 105 days of occupancy besides this 4 month stay you no longer qualify also.
I'm saying this because if you do fail that threshold I think it's pretty likely that a court would agree they have an implied tenancy and you might be in some trouble.
If you're confident you meet the criteria, as others have said they will be exempt from eviction protections so you can just get the bailiffs in.
Holiday lets are exempt from the Protection from Eviction Act 1977. Send your agreement to Cornwall Bailiffs www.Cornwallbailiffs.co.uk they can give you free advice
Nah not from Cornwall ty
The FHL exemptions in the legislation cover genuine holidays only. However, a genuine four month holiday would be extremely unusual, so there must have been something specific that made you believe this was a genuine holiday. What was that?
Also, if your guests were on a genuine holiday, they would have been maintaining a primary residence elsewhere. Where did you believe their primary residence to be?
If you can answer these questions convincingly, it's a holiday let contract and you can evict. If it was never truthfully a genuine holiday let, then you're in a grey area and need a solicitor.
They previously stayed in the flat via air BnB so I presumed when they contacted me privately they wanted a holiday, but admittedly I did not ask. They gave me an address for the let agreement in Australia but have since told me that it is their parents address. They are a UK citizen.
Wait until they leave and change the locks.
No
What would be the limitations ?
For one, Holiday lets can't exceed 31 days. So they are correct in that on the face of things (limited info given) they had a 4 month short term tenancy agreement which has now converted into a rolling tenancy. Secondly, you cannot evict without a court order. I would recommend either going to the third party you arranged the let through and see what paperwork and terms they had the tenant agree to, or if you (presumably) done this DIY, I would recommend going to a lawyer with any paperwork you have outlining the agreement to try and work out how much mess you've gotten yourself into.
Hi thanks. I did it DIY. You can evict a holiday let occupier without a court order so long as it’s not a tenancy 31 day limit is for tax purposes only
Wow downvoting because you got called out for messing up. Go see a lawyer and try not to be stroppy when speaking to them.
I didn’t downvote it wasn’t me