how long can a holiday let be?

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    how long can a holiday let be?

    Would be grateful for some advice re Scottish law. We have a holiday let and someone wants to rent it to house some workmen for around 10 weeks - how long can a holiday let legally be in Scotland before it becomes the equivalent of an AST? How could I avoid this happening? Separate agreements etc. All help appreciated!
    Unshackled by the chains of idle vanity, A modest manatee, that's me

    #2
    (Assuming named tenant(s) is/are human(s) not a company)

    As they will be working & not on holiday it won't be, can't be, legally impossible to be a holiday let. (IMHO..). Not sure of any Scottish case law but there;s several for Engerland. Oh, found...
    https://books.google.co.uk/books?id=...page&q&f=false

    Clearly the paperwork can say "Holiday let" (or "TV rental" or any other manner of things) but ... SaL's guidance notes state...
    ...The SAL holiday let agreement should only be used where the occupant is to occupy the property for holiday purposes....
    There is no longer an equivalent of AST in Scotland (equivalent of s21 being now abolished) - it;s now the PRT where the tenant can give notice after 28 days.

    If tenant will be a corporate body, different matter, company lease.

    Perhaps discuss with Mssrs SaL..
    https://www.scottishlandlords.com/

    But, in answer to the question, it can be as long as the holiday is.

    Slàinte mhath!
    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...

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      #3
      thank you very much indeed Artful. Just back from a few days in sunny Glasgow...loved it!
      Unshackled by the chains of idle vanity, A modest manatee, that's me

      Comment


        #4
        Lucky you! I've been away too long frae north of the border .. hope to be up again, Lochaber, end February... Withdrawal symptoms so severe I've taken to recording & watching the Scottish news off Sky+ to stay in touch. And the footy highlights... (best not discuss who supports whom....bears & bhoys & all)
        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...

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          #5
          "The pattern of occupation condition

          If the total of all lettings that exceed 31 continuous days is more than 155 days during the year, this condition is not met so your property will not be an FHL for that year."

          https://www.gov.uk/government/public...-lettings-2015

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            #6
            I would certainly not give workmen the use of a holiday flat ! ! !

            Muddy boots, tarmac encrusted boots, sitting down with overalls on, or similar dirty work cloths on, smearing the walls with dust, old paint, tarmac, loads of tool boxes being brought in from the vans / cars, knocking holes in plaster on their way in, gouging chunks out of your carpet and laminate floor when placed down, and filth under the toolboxes.

            Should I go on ?

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              #7
              Thank you all. I mee the not more than 31 days condition and not more than 155 days in the year so that is OK. Understand your reservations Ram - I felt the same. But they are doing a specific job which is not dirty in a place I know well. Company have paid a very large good housekeeping deposit too. References from other accommodation providers obtained. Will let you know how it goes!
              Unshackled by the chains of idle vanity, A modest manatee, that's me

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                #8
                re
                "The pattern of occupation condition

                If the total of all lettings that exceed 31 continuous days is more than 155 days during the year, this condition is not met so your property will not be an FHL for that year."..
                think that is a tax matter, not a what-sort-of-tenancy matter.

                Is your named tenant a company? If so it's a common law, company, tenancy, so not an issue, can be any length you like. Get example from SaL..
                https://scottishlandlords.com/resour...ts-factsheets/

                If it is company, let us know how it goes, please - think I may get several applications of that sort soon...

                Slàinte mhath!
                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


                  #9
                  Thank you Artful. Yes agree it is a tax matter and I have ensured I comply! The tenancy is in a person's name as I do not like to deal with Ltd companies. Having a lead name and a real person who takes the responsibility works for me! I will certainly let you know what happens...fingers crossed.
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

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