AirBnB - Not Moving Out - Free Stay - Rights?

[KTMsm]

I rent a static caravan via AirBnB

Guest has been renting it on a monthly basis for 2 months

He changed job to one which paid weekly, so then rented for 3 weeks, weekly, all via AirBnB

Has been ill and I suspect only receiving SSP

If I let him stay for free for a week over Christmas does this affect my / their legal position ?

After the week can I just kick them out / turn off the power etc

Older guest, no trouble and I'm happy to support for a week unless it causes a legal problem

[this is my username]

No idea about the legal situation, but one option might be to reduce the rent that week to, say, £5 rather than making it free.

[KTMsm]

this is my username said:

No idea about the legal situation, but one option might be to reduce the rent that week to, say, £5 rather than making it free.

I did think about that but then thought If the council or solicitors got involved I might only get awarded £5 a night.

For reference it costs £25 a day in electric heating because of course they're not paying for it so they leave it on 24/7

[KAgantua]

KTMsm said:

this is my username said:

No idea about the legal situation, but one option might be to reduce the rent that week to, say, £5 rather than making it free.

I did think about that but then thought If the council or solicitors got involved I might only get awarded £5 a night.

For reference it costs £25 a day in electric heating because of course they're not paying for it so they leave it on 24/7

I think youve just answered your own question. On the one hand, you want to do the right thing and help them, on the other they are piss taking bar stewards.

Just kick them out.

[Glassman]

Payment holiday.

[KTMsm]

They say they can move into a friend's on Christmas Eve...

We'll see, I suspect there will be a problem and who would kick someone out on Christmas Eve...

Whilst I haven't formally agreed it's free they are "moving money around"

I'm too nice

Although I won't be on the 27th

[Gone fishing]

Kick them out for at least one night to break the tenancy.

Charge them the electricity as a minimum, they may just decide to turn it down

Have you actually seen inside lately? That much electricity sounds more like a cannabis factory than domestic heating.

[mickythefish]

Is it classed as a holiday let?

[Gone fishing]

mickythefish said:

Is it classed as a holiday let?

Doesn't matter. If you stay in the property for enough weeks continously it effectively becomes a AST whatever the contract says.to prevent "rogue" landlords sticking people on long term holiday lets to circumvent the law.

[KTMsm]

Gone fishing said:

Doesn't matter. If you stay in the property for enough weeks continously it effectively becomes a AST whatever the contract says.to prevent "rogue" landlords sticking people on long term holiday lets to circumvent the law.

Does it ?

I've always been led by the fact it's AirBnB but I have let for 3+ months in the past

[mickythefish]

Gone fishing said:

Doesn't matter. If you stay in the property for enough weeks continously it effectively becomes a AST whatever the contract says.to prevent "rogue" landlords sticking people on long term holiday lets to circumvent the law.

Citation?

[GasEngineer]

mickythefish said:

Gone fishing said:

Doesn't matter. If you stay in the property for enough weeks continously it effectively becomes a AST whatever the contract says.to prevent "rogue" landlords sticking people on long term holiday lets to circumvent the law.

Citation?

A quick google gives this https://www.landlordlawblog.co.uk/2016/10/24/airbn...

[KTMsm]

Looking at that it's a licence because we go in weekly to clean, change sheets etc

It's also rarely over 3 months, most come for a week and extend - generally because they're working in the area

Edited by KTMsm on Monday 23 December 15:03

[mickythefish]

GasEngineer said:

A quick google gives this https://www.landlordlawblog.co.uk/2016/10/24/airbn...

citation is the specific case, that is just a guide

[Gone fishing]

mickythefish said:

citation is the specific case, that is just a guide

You are asking as it there is a rule somewhere that says “if let is > 90 days, contract = AST”. It doesn’t work that way as there are multiple factors as the links others have provided show.

At what point/conditions does a holiday let become an AST, and if you think the contract alone is sufficient, every rogue landlord would be getting people to sign holiday lets in stty flats to avoid the AST rights. A one day break in tenancy helps to reset any time aspect but even that isn’t definitive. I’d be worried if they have no other abode and even sofa surfing for a few days would be a concern to me, they’ll claim tenancy and refuse to budge as soon as they can if they are clued up, and you’d be surprised how clued up these people become

[mickythefish]

Gone fishing said:

You are asking as it there is a rule somewhere that says “if let is > 90 days, contract = AST”. It doesn’t work that way as there are multiple factors as the links others have provided show.

At what point/conditions does a holiday let become an AST, and if you think the contract alone is sufficient, every rogue landlord would be getting people to sign holiday lets in stty flats to avoid the AST rights. A one day break in tenancy helps to reset any time aspect but even that isn’t definitive. I’d be worried if they have no other abode and even sofa surfing for a few days would be a concern to me, they’ll claim tenancy and refuse to budge as soon as they can if they are clued up, and you’d be surprised how clued up these people become

That guide has loads of ifs, the op needs to advise contract and terms. Posting a guide saying, it's there isn't what I asked. You need a case to reference else it just becomes I heard it done the pub sort of thing.

[KTMsm]

Moved out today

Snuck off without a "thanks for the rent free week"

[KAgantua]

KTMsm said:

Moved out today

Snuck off without a "thanks for the rent free week"

Look on the bright side, theyre gone. Nothing worse than a layabout in your gaff.

[mickythefish]

KTMsm said:

Moved out today

Snuck off without a "thanks for the rent free week"

Might be a good opportunity to check your contract and make sure you are covered in future. Also look at insurance

[Yellow Lizud]

mickythefish said:

Might be a good opportunity to check your contract and make sure you are covered in future. Also look at insurance

Yes, make sure you have declared any modifications made to the van since it left the factory.