Q&As

If a tenant was occupying a property under a short term letting agreement (holiday letting) and has not vacated the property, how does a landlord obtain possession? If they have been occupying the property for over a year, are they deemed to be occupying as an assured tenant?

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Published on LexisPSL on 10/01/2019

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • If a tenant was occupying a property under a short term letting agreement (holiday letting) and has not vacated the property, how does a landlord obtain possession? If they have been occupying the property for over a year, are they deemed to be occupying as an assured tenant?
  • Status of occupation
  • Tolerated trespasser/licensee
  • Tenancy at will
  • Periodic tenant

If a tenant was occupying a property under a short term letting agreement (holiday letting) and has not vacated the property, how does a landlord obtain possession? If they have been occupying the property for over a year, are they deemed to be occupying as an assured tenant?

Status of occupation

The current status of the occupier’s occupation will depend upon all of the facts and circumstances, including whether the:

  1. landlord actively requested that the occupier vacate on expiry of the agreement and has maintained that position thereafter

  2. landlord accepted further rent, on a periodic basis or otherwise

  3. parties discussed the basis on which the occupier was remaining in occupation, and/or

  4. parties were in negotiations in respect of a further letting agreement, and if so the terms of that agreement

Depending on all of those facts and circumstances the occupier may be a:

  1. tolerated trespasser or a licensee

  2. tenant at will, or

  3. periodic tenant

Tolerated trespasser/licensee

If the landlord has not accepted any rent and has clearly and repeatedly sought possession for the entire period after expiry of the short term letting agreement, it may be that the occupier is a tolerated trespasser, and the landlord can now seek possession. For more information in respect of possession proceedings in this context, see Practice Note: CPR 55 procedure in relation to residential common law tenancies.

If, however, it is arguable that

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