Its exclusive possession of a flat, he is not sharing, nor trespassing of which both i believe constitutes an excluded tenancy.
– initially booked through air bnb for one month and paid
– he then went direct with the owner with an agreement basically t and cs with the following –
‘This agreement is valid 20 August 2020 until 4 September 2020 (15 nights). If you wish to extend your stay, please inform us 7 days before’
Since then he has said he won’t leave, police came, said civil matter (the usual)
He has been troublesome and had parties at night (don’t think enough to go on an ASB claim though, plus wouldn’t that imply a tenancy using ground 14)
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Think this is the same as if they were a lodger situation because as long as the second agreement made directly only allowed occupation for a holiday it will be an excluded licence (s.3A(7) PTFA77):
See here for evicting lodgers and other excluded occupiers.