Asked to leave Holiday Let (England)

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    Asked to leave Holiday Let (England)

    We are currently renting a cottage through homeway.co.uk and paid the full six months in advance. At the beginning of the 2nd month the landlord paid us a visit and mumbled something about the cottage being too small for us, even though he himself writes that it can host up to five people on the homeaway website and we are just two adults and two small children.

    The very next day we got a signed letter stating that he would like us to move out in one months time(there is a specific date mentioned). He also mentioned that he could pay us back some of the rent, provided that we mail him proof of having rented a different accomodation.

    Now, quite apart from the absurdity of asking two foreigners with no UK bank account and no utility-bills to their name to simply turn around and rent a new place to stay within a month, here is what I would like to ask:

    1. Does the landlord have any rights to do what he did?

    2. Since we are foreigners visiting the UK on an EEA Family Visa (and therefore legally have moved to the UK), would this cottage count as our primary residence?

    #2
    Are you on holiday? It's quite a simple question but if you rented a holiday let as a main residence rather than somewhere to stay whilst on holiday then the tenancy takes on a different meaning.

    Certain landlords think they are being clever by offering 'holiday lets' but they don't understand that if it's not a holiday let then it is a 'standard' tenancy affording the tenants with the statutory protection that comes with it.
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

    Comment


      #3
      EEA permit is only valid for 6 months, then you have to apply for a UK resident's Permit. At the moment you have no Right to Remain longer than 6 months, which may worry your current LL.

      Comment


        #4
        Holiday lets are not the same as renting a home.
        However, the landlord obviously knew that when they rented their property to you for six months.

        If the landlord gave you the property for six months and you paid six month's in advance, I don't think the landlord can force you to leave.
        Unfortunately, they may not understand that - they probably don't know what they're doing either.

        You should contact the UK housing charity Shelter and use their free telephone service.
        They will be able to advise on your legal position.
        Alternatively, you can use the Citizens Advice Bureau, there will be a local branch somewhere near you.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Welcome to the UK

          Originally posted by Mc-5125 View Post
          ..... we are foreigners visiting the UK on an EEA Family Visa (and therefore legally have moved to the UK), would this cottage count as our primary residence?...
          a) Are ALL the occupants on EEA family Visa (in which case how could you all have joined the EEA/Swiss family member..) or is one of you a EEA/Swiss citizen?
          b) Who is named as tenant, and are any of named tenants EEA/Swiss citizen?
          c) Did you explain & did landlord understand this was not for a "holiday" even though the paperwork said Holiday let?
          d) Any occupants working?

          As you have a 6 month contract, unless the agreement allows landlord to end it early I don't think he can force you out: He can ASK you to leave but don;t think you have to.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Originally posted by Mc-5125 View Post

            1. Does the landlord have any rights to do what he did?
            Maybe.

            You found the property on a holiday lettings website called 'Homeaway' and presumably booked it via their holiday lettings booking form.
            Presumably this is a holiday home, fully furnished, in a holiday area with previous history of being let for holidays.
            You are not paying utility bills or council tax for the property. You have a home elsewhere in the world(?). You have no tenancy agreement or anything else to indicate this is a tenancy.
            All that makes it a holiday let.

            The only argument it isn't, is the length of time of the let. 6 month holidays aren't unheard of.

            Comment


              #7
              I list with HA and it has always been my understanding a holiday let is a max of 28 days,and guest should have a home address.I nearly got caught out by a well known estate agent requesting I let for the winter months over 6 month period and a 6 month tenancy was suggested.A lot of holiday Homes pay business rates ,not council tax.Some are exempt on business rates.If you are using your holiday let as a permanent address the owner may be in breach of the local council rules and HMRC but the booking was taken via a holiday let company.If you have paid in full and do intend to leave after the 6 months it’s the agency that took the booking.I would speak to HA ,it just may be a case of the owner panicking.Its up to the owner to seek advice from HA over the booking.At the moment the holiday let business is slow a six month booking is good.

              Comment


                #8
                Originally posted by Mc-5125 View Post
                2. Since we are foreigners visiting the UK on an EEA Family Visa (and therefore legally have moved to the UK), would this cottage count as our primary residence?
                This is important - it's either your primary residence or it isn't.
                If you reside there, it can't be a holiday let.
                What makes something a residence isn't black and white - it's something that's decided on the basis of the facts of a specific situation.

                An EEA Family visa only lasts 6 months and doesn't allow "residence" beyond that - further permission is required for that.
                So, I don't think you have "moved" to the UK yet, it's a process, not an event.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by bertha View Post
                  I list with HA and it has always been my understanding a holiday let is a max of 28 days.
                  I don't think that is correct Bertha. Do you have a source for that?
                  I have tried to find the maximum amount of time for a holiday let and have come to the conclusion there isn't one. (I know there are tax regulations about it but that's a different matter)

                  Comment


                    #10
                    Originally posted by bertha View Post
                    I nearly got caught out by a well known estate agent requesting I let for the winter months over 6 month period and a 6 month tenancy was suggested.
                    That would be the murky world of 'out of season holiday accommodation' with a ground 3 eviction. The OP didn't mention the tenancy was one of those so didn't want to muddy the waters.

                    Comment


                      #11
                      www..gov.uk/hsfurnishedholidaylettings

                      Comment


                        #12
                        If it's being used as a domestic property and it's your 'sole or main residence' then it should have been banded for council tax purposes rather then being rated for use as a business property (s66 of the LGFA1988) . If the council or the valuation office become aware the property can be retrospectively banded and a demand notice issued for any council tax charge due.
                        Previously served 10 years as a council tax advisor with a local authority but now self-employed with my own council tax consultancy.

                        If your local authority disagrees with any aspects of your council tax claim, as they are free to do so, a Valuation Tribunal appeal may be required.

                        Comment


                          #13
                          Originally posted by bertha View Post
                          As I said, I know there are tax regulations about it but that's a different matter.

                          Comment


                            #14
                            Several UK authors/painters are known to have rented a 'holiday cottage' for longer than 1 month, often in 'closed season'.
                            But here we have a confused EU(?) citizen seeking work in UK with his family, on a restricted EAA family permit. I do not believe it is a Holiday Let, but he can only remain for 6 months, unless he successfully applies for a UK Residence Permit.

                            Comment


                              #15
                              Originally posted by mariner View Post
                              But here we have a confused EU(?) citizen seeking work in UK with his family, on a restricted EAA family permit.
                              Doesn't sound confused to me.
                              Sounds very unconfused and knew full well they were taking on a holiday cottage let and are now trying to blag it into a tenancy after falling out with the owner.

                              Comment

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