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Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Air bnb overstayer

20 Dec 2020 | 2 comments

What if someone book via air bnb and after a 2 week stay the guest mad host verbally aggree that they can stay for 6 months, but then fails to pay anything (in this case 6 months up front) is this a case  of creating an accidental tennacy ? And the normal rules apply for possession? There’s no written agreement. my view is that even if there was an attempt to create a tennacy but the occupier didn’t follow through then could this be an excluded occupier scenario ?

 

Answer

2 Comments

  1. guildy

    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.

  2. mattelder

    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

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