Holiday Let vs Tenancy: Key Differences for Renters in England

If you're renting in England, it’s vital to know whether your agreement is a holiday let or a tenancy. This impacts your legal rights, eviction rules, how long you can stay, and much more. Many renters facing rent increases or threats of eviction have discovered too late that what they thought was a standard tenancy was actually a short-term holiday let—with fewer protections.

Understanding Holiday Lets and Tenancy Agreements

The distinction between a holiday let and a tenancy shapes your rights and options. Here's what you need to know for England.

What is a Holiday Let?

A holiday let is a property rented for a short period, typically for holidays or leisure—often for a week or a few weeks at a time. It is not intended to be your main or only home. This type of agreement is commonly used for holiday cottages, serviced apartments, or Airbnb-type stays.

• Usually for less than 90 days
• Must not be your primary residence
• Typically includes bills and furniture
• No protection from eviction—not covered by standard tenant protections

Most holiday lets are not covered by the Housing Act 1988 or the main legislation for assured and assured shorthold tenancies^[1].

What is a Tenancy?

A tenancy, usually an Assured Shorthold Tenancy (AST), applies to renters occupying a property as their only or main home. Tenancies have substantial legal protections.

• Covered by the Housing Act 1988
• Eviction requires a formal process and legal notice
• Renters have rights to repairs and notice periods
• Deposits must be in an official scheme
• Usual term is 6–12 months, but can be longer or rolling

The distinction is crucial if you face rent hikes or risk losing your accommodation.

How Can You Tell the Difference?

If you’re unsure, look for these indicators:

• Did the agreement state the property was a “holiday let” or for leisure purposes?
• Is this property your main or only home?
• Was the stay for a very short period or a fixed short term?
• Do you pay council tax (tenancy) or do the owners (holiday let)?

If you live somewhere as your main home, you likely have a tenancy—even if your contract says “holiday let.” The courts and First-tier Tribunal (Property Chamber) in England will consider the facts, not just contract wording.

Eviction and Your Rights

If you have a tenancy, your landlord must use correct legal procedures to evict you. For an AST, this may involve serving a section 21 or section 8 notice. For holiday lets, there is no legal right to stay after the agreed period ends, and eviction protections are limited.

Always check your agreement and seek advice if you think you are being treated as a holiday let when you actually live in the property as your only or main home.

Relevant Official Forms and How They're Used

• Form 6A: Notice Seeking Possession of a Property Let on an AST
  Landlords in England use this when ending an assured shorthold tenancy (AST). Example: if you receive a Form 6A, you’re being served notice under Section 21 of the Housing Act 1988. Your landlord must give you 2 months’ notice.^[2]
• Form 3: Notice Seeking Possession of a Property Let on an AST (Section 8)
  This is used for a Section 8 notice, often when a tenant has broken terms (e.g., rent arrears).^[3]

If you receive either of these forms and believe your agreement has been misclassified (e.g., given a Section 21 on a claimed holiday let), you may dispute your landlord's position with the First-tier Tribunal (Property Chamber), Residential Property.

If You Need to Challenge a Holiday Let Classification

If your landlord is claiming your home is a holiday let to avoid eviction rules or other protections, you can:

• Gather evidence: Council tax bills, utility bills, communications showing this is your only home.
• Contact your local council’s tenancy relations service for advice and mediation.
• Consider applying to the First-tier Tribunal (Property Chamber) if a dispute arises.

FAQ: Holiday Lets and Tenancy Rights in England

1. How do I know if I have a tenancy or a holiday let?
   If you live in the property as your only or main home, it's likely a tenancy under the law—even if called a holiday let. Your protections depend on your actual living situation, not just what’s written in the contract.
2. What rights do I have in a holiday let agreement?
   Very limited. Once the fixed period ends, the landlord can ask you to leave without going to court. If your agreement is really a tenancy, you have the full rights under the Housing Act 1988.
3. Can my landlord evict me without notice if it’s a holiday let?
   For genuine holiday lets, yes, once the agreed period is up. For tenancies, they must use the proper legal notice procedures (Section 21 or Section 8 notices).
4. What should I do if I think my landlord is misclassifying my tenancy?
   Gather evidence that you live there as your only home and contact your local council or seek advice from a tenancy advocacy organisation. The tribunal can make a decision if necessary.
5. Which tribunal handles rental disputes in England?
   The First-tier Tribunal (Property Chamber), Residential Property is responsible for tenancy matters and disputes, including misclassification cases.

Conclusion: Key Takeaways

• The label on your agreement isn’t everything—what matters most is how you actually use the property.
• Tenancies (including ASTs) give you strong protections under English law, but holiday lets offer very little.
• Always seek advice if you are unsure and keep written records of your living arrangements.

Need Help? Resources for Renters

• Shelter England: Get Help Online or by Phone
• GOV.UK: Rights and Responsibilities as a Private Renter
• Citizens Advice: Renting Privately
• First-tier Tribunal (Property Chamber), Residential Property
• Contact your local council’s tenancy relations officer for local support

---

1. Housing Act 1988 - Assured and Assured Shorthold Tenancies
2. Form 6A - Section 21 Notice
3. Form 3 - Section 8 Notice

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation