Holiday let eviction

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    Holiday let eviction

    Hi All,

    I own a property and i went travelling for 6 months. With the help of my friend i listed the property in Airbnb to make some money whilst i was travelling. Due to regulations etc. I decided to change it from airbnb to holiday letting agreements after 2 months, where i was able to get tenants for 4 to 6 weeks duration.

    I am back in the UK, but as the rooms were still occupied I stayed with my gf in the interim for 3 weeks.

    One of the girls is due to end her contract in 2 weeks (she is in the master bedroom), She has been asking me for an extension till end of September but I had declined to offer as i need to move back in. She has threatened me today that she would be unwilling to move until the next month and said I couldn't repossess the room without an eviction notice.

    But before i started letting rooms on Holiday let, my whole understanding was that I dont need to deal with eviction notices etc and that was a AST problem. (Isnt airbnb pretty much on the same principle or hotels for that matter).

    Is it true or am I OK to take possession on the check out date , I mean it is a holiday let with fixed end date ? I have a clear contract that says Holiday let and I only took a nominal (1 weeks deposit) to cover any damages.


    Lawyers / people who have such an experience please share your thoughts, greatly appreciated.



    #2
    I've a feeling that if it was her main or principal home in England you have created an AST. More knowledgeable people on here will confirm that, or not. When you drew up the contract did she give you a home address in England?

    Comment


      #3
      Even 4 weeks sounds too long for a holiday in one place. Most people would have a lot of difficulty getting 6 weeks off. I don't think this is a genuine holiday let. The real question is is it a common law tenancy or an assured one. You'd better hope it is the former.

      Comment


        #4
        You may have lost your home and it might take up to a year or more to recover it (by which stage it will possibly be trashed).
        Lesson: If you go on holiday for 6 months, rather leave your home vacant, and pay someone to guard it. The law does not want you to make flexible accommodation available. Because the law is an ass, as they say.

        Do you have a mortgage? Did you inform them? Are you insured? Did you provide prescribed information, gas certificates, EPC etc?

        Comment


          #5
          How many people are in the property?
          Do they have residences elsewhere?
          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


            #6
            jpkeates,

            Totally 3 in the property now. Well one was student from midlands and was at his parents, does that qualify as another residence ?
            Other is doing an internship from europe (So no other residence in UK i suppose)

            The girl in question gave me another address in the UK (the same address in her drivers license)

            Comment


              #7
              Berlingogirl,

              how can i establish that ?!!!

              Comment


                #8
                AndrewDod,



                I do, and I didnt do the formal procedures. As far as gas and EPC certificates are, i let then in the kitchen for them to be able to access

                Comment


                  #9
                  To clarify - did you get these occupants from Airbnb in the first place? That part of your text is a bit unclear.



                  Freedom at the point of zero............

                  Comment


                    #10
                    Ok so not very promising then. I have one room spare in the house which i didnt let and put my stuff in there and thought that could ensure the tenants dont have ' exclusive access'

                    So, come next satruday lets say, I take the keys etc. what could she possibly do? WIll it become a police matter ?

                    Comment


                      #11
                      I think you have up to three ASTs in place.
                      Only a court can make a ruling, but if one of the tenants is making that claim, I think you have a problem.

                      I would wait until they leave and not replace them.
                      Or bribe them to go.

                      If they are living there, you have probably created an HMO, which could cause you a lot of problems if one of the tenants/occupants reports you to the council.
                      If it's not an HMO, it's probably a hostel, which is also a whole shed load of planning and regulatory violations.

                      Sorry, but you have really messed up - they simply don't sound like "holiday lets", they sound like people living there.
                      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


                        #12
                        I think they are ATs, not ASTs, as the OP will not have included an wording to make them shorthold. That is worse for the OP.

                        The student will definitely be treated as a tenant. I think the same is true of the intern.

                        If anything, the safety rules for short term accommodation will be even stricter than for an HMO.

                        Comment


                          #13
                          Originally posted by leaseholder64 View Post
                          I think they are ATs, not ASTs, as the OP will not have included an wording to make them shorthold. That is worse for the OP.
                          Could you explain that point?

                          There's no wording required to create an AST.
                          There's no need for anything written at all.
                          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


                            #14
                            OP, I can imagine you are feeling pretty distressed now. I am sincerely sorry about that. But I think you need some practical advice. Blundering through this is only going to make things a lot worse. You need to act decisively, and you are going to have to accept that this is going to cost you a LOT of money and distress. You are going to be spending more than the rental income you got for the six months, and you are going to have to find somewhere else to stay for the moment. You need to find a lawyer (a lawyer who deals with landlord and tenant law, not just any solicitor), lay all your cards on the table and be prepared to spend ££££. It is not going to end otherwise. You are going to have to take a massive knock on the chin.

                            Are you receiving rent in the meanwhile, and is it even obvious how much they should be paying?

                            And I would act NOW before we have a possible Corbyn Government in power and they have had a chance to legislate. And educate yourself and others in the meanwhile -- when you read stuff in the Guardian about big bad landlords -- it is not all as it seems.

                            Sorry sorry sorry. Property rights don't matter much these days. And when you vote.... vote wisely.

                            Comment


                              #15
                              To add: you could do as JPKeates suggests and offer them a lot of money to leave (like £10,000). If you do this it must be done via a lawyer so that you are sure any tenancies are surrendered as part of any deal.

                              Comment

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