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2 Comments
It all depends on what the “use” of the property is.
If the extension is for the “use” of a holiday then nothing changes and the airbnb agreement continues.
However, that seems highly unlikely.
If the use is for their only or principal home then an assured shorthold tenancy has been created and the normal rules apply.
You can use this wizard which will determine the type of tenancy.
It becomes a grey area. The test is whether the tenancy has gone from a licence to AST. I was of the belief there were 4 “tests” outlined in legislation but could only find 3 (page 14):
https://www.ndti.org.uk/uploads/files/TheRealTenancyTestFINAL.pdf
The big one is usually exclusive access. If the person was still having weekly cleans, it could be more readily argued it isn’t exclusive access. If they start having mail delivered to the address and is there ‘sole’ residence, it is more likely an accidental AST has been created and without anything formal, it is going to be a bit of a nightmare for the landlord, as it will be extremely difficult to evict as no proof of deposit protection, given how to rent guides, gas certificates etc that will stop section 21 etc .
Get specialist advice ASAP