Hi All,
Anyone have a definitive view on this. I have a long term "holiday" guest (5 months)....and she is not being helpful over access (service needed to central heating).
I'm trying to get her to co-operate....but in terms of the legal position, is the fact that the agreement is called a "Furnished Holiday Let" and the guest's home is elsewhere enough to make it a licensing agreement not a tenancy agreement?
I don't specifically specify it isn't a tenancy (I know some people do), but the guest has a home address elsewhere.
There's clauses about me retaining the right to go in at "reasonable time" but if guest denies this are they legally entitled?
Tenancy or License
It's always a shame when folks talk to themselves - anyway I'm here now. 
It all depends on your terms and conditions if the let is not an AST. I define mine as being a licence to use the property for a fixed term for a holiday without giving any tenancy rights.
Occupancy License - The Lead Guest and their party under license have the right to occupy the holiday accommodation for the purpose of a holiday only for the period stipulated and are not protected tenancies under the Rent Acts. It is not permissible to assign, let, part with possession of the accommodation, nor allow any other person other than those named on the Reservation Form received to occupy the accommodation. This occupancy license is granted by the Company to the Lead Guest and their party for the Holiday Period and is not intended to create the relationship of landlord and tenant. The Lead Guest and their party shall not be entitled to a new tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or upon determination of this Contract.
Right Of Entry - The Company has a right to enter the property at any reasonable time to effect urgent essential repairs to the property or the fixtures and fittings of the property and this right extends to any tradesperson or maintenance worker appointed by the Company. In an emergency where the safety or security of the premises or the occupants is endangered, or serious damage to the property would ensue if an emergency repair were not carried out, this right may be exercised at any time of the day or night. The Company will endeavour, so far as practicable in the circumstances, to make the best possible arrangements for the continued comfort of the Lead Guest and his/her party, to keep the client informed about the progress of the work, and to carry out the work at a time convenient to the client where this can be arranged. The Company may enter the premises at any reasonable time to carry out an inspection or for other purposes.
It all depends on your terms and conditions if the let is not an AST. I define mine as being a licence to use the property for a fixed term for a holiday without giving any tenancy rights.
Occupancy License - The Lead Guest and their party under license have the right to occupy the holiday accommodation for the purpose of a holiday only for the period stipulated and are not protected tenancies under the Rent Acts. It is not permissible to assign, let, part with possession of the accommodation, nor allow any other person other than those named on the Reservation Form received to occupy the accommodation. This occupancy license is granted by the Company to the Lead Guest and their party for the Holiday Period and is not intended to create the relationship of landlord and tenant. The Lead Guest and their party shall not be entitled to a new tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or upon determination of this Contract.
Right Of Entry - The Company has a right to enter the property at any reasonable time to effect urgent essential repairs to the property or the fixtures and fittings of the property and this right extends to any tradesperson or maintenance worker appointed by the Company. In an emergency where the safety or security of the premises or the occupants is endangered, or serious damage to the property would ensue if an emergency repair were not carried out, this right may be exercised at any time of the day or night. The Company will endeavour, so far as practicable in the circumstances, to make the best possible arrangements for the continued comfort of the Lead Guest and his/her party, to keep the client informed about the progress of the work, and to carry out the work at a time convenient to the client where this can be arranged. The Company may enter the premises at any reasonable time to carry out an inspection or for other purposes.
"Write something, even if it's just a suicide note"
"There is no human problem which could not be solved if people would simply do as I advise"
"As for my amnesia, I've had it as long as I can remember"
Real name: Steve
Gender: Male
"There is no human problem which could not be solved if people would simply do as I advise"
"As for my amnesia, I've had it as long as I can remember"
Real name: Steve
Gender: Male
Thanks for joining me Essar but I could have waffled to myself as I've been googling on the matter and see different things!
Is it correct that if you have a "long" holiday let tenant (a few months) do you go in, say on a weekly basis and do cleaning/ laundry change that's what makes it a license?
And otherwise is it a "common law tenancy" which is excluded from the Housing Act anyway.
Either way I think that access is allowed but wondered what others thought?
My agreement doesn't say it's either a tenancy or license but makes it clear it's a holiday let and that the guest has a home elsewhere. (My guest does she's non UK or EU citizen).
but I could have waffled to myself as I've been googling on the matter and see different things!Is it correct that if you have a "long" holiday let tenant (a few months) do you go in, say on a weekly basis and do cleaning/ laundry change that's what makes it a license?
And otherwise is it a "common law tenancy" which is excluded from the Housing Act anyway.
Either way I think that access is allowed but wondered what others thought?
My agreement doesn't say it's either a tenancy or license but makes it clear it's a holiday let and that the guest has a home elsewhere. (My guest does she's non UK or EU citizen).
I don't understand why it matters if the person staying there considers himself/herself a tenant versus a holiday maker. Aren't there provisions for making repairs to long-term rentals? I can only speak to the laws of the U.S., where I rent houses long-term. But here tenants are required to provide reasonable access, and landlord are required to give reasonable advance notice, which is considered to be 24 hours. Written notice is best... paper trails, you know.
In the UK, the tenant has to allow reasonable access - but you have to go through the courts to enforce it if the tenant refuses. You aren't allowed just to enter (unless it's a genuine emergency situation).T.S. wrote:I don't understand why it matters if the person staying there considers himself/herself a tenant versus a holiday maker. Aren't there provisions for making repairs to long-term rentals? I can only speak to the laws of the U.S., where I rent houses long-term. But here tenants are required to provide reasonable access, and landlord are required to give reasonable advance notice, which is considered to be 24 hours. Written notice is best... paper trails, you know.
If it's a genuine holiday let, then it's like a hotel and you don't need to go through the courts.
What makes it a license and not a tenancy is the fact that it's Furnished Holiday Accommodation (FHL); hosts (landlords) are providing self-catering holiday accommodation and guests are using them for a holiday away from their normal primary residence. It doesn't matter where the primary residence of the guest is.
For longer lets (winter lets) you have to be careful regarding Council Tax/Business Rates and how HMRC view your tax position. There is no legal limit on the length of a holiday let up to the 6-months, when is has to be an AST. Some people believe that there is a 30-day limit after which it becomes a tenancy, this is not true, however, longer stays cannot be included in the total holiday nights for FHL tax allowances.
For my longer lets in a winter I negotiate with the guest regarding linen/towels and interim cleans - my aim being to provide 2 sets of everything and then let the guest get on with it themselves - laundry and cleaning is their job.
For longer lets (winter lets) you have to be careful regarding Council Tax/Business Rates and how HMRC view your tax position. There is no legal limit on the length of a holiday let up to the 6-months, when is has to be an AST. Some people believe that there is a 30-day limit after which it becomes a tenancy, this is not true, however, longer stays cannot be included in the total holiday nights for FHL tax allowances.
For my longer lets in a winter I negotiate with the guest regarding linen/towels and interim cleans - my aim being to provide 2 sets of everything and then let the guest get on with it themselves - laundry and cleaning is their job.
"Write something, even if it's just a suicide note"
"There is no human problem which could not be solved if people would simply do as I advise"
"As for my amnesia, I've had it as long as I can remember"
Real name: Steve
Gender: Male
"There is no human problem which could not be solved if people would simply do as I advise"
"As for my amnesia, I've had it as long as I can remember"
Real name: Steve
Gender: Male
