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Is a holiday let outside the Renters' Rights Act? What landlords in England can and can't do

Last updated 6 October 2026. Not legal or financial advice. Consult your own legal or financial adviser before making any decisions.

According to GOV.UK, a holiday let can't be an assured periodic tenancy, the tenancy type the Renters' Rights Act created, so the Act's tenancy rules don't apply to paying guests on a short stay. Getting a tenanted home to that point is the harder part: the Act removed Ground 3, the possession ground that covered homes previously used as holiday lets, and GOV.UK's list of possession grounds has no ground for converting a home to holiday letting.

Key takeaways

  • A holiday let can't be an assured periodic tenancy, according to GOV.UK, so the Act's tenancy rules don't reach short-stay guests.
  • The Act removed Ground 3, the old holiday-let possession ground. GOV.UK's list of possession grounds has no ground for switching a tenanted home to holiday letting.
  • The Act bans re-letting, including as a holiday let, for a restricted period after a landlord uses the selling or moving-in grounds.
  • Holiday lets carry their own rules: London's 90-night limit, the coming national register, business rates tests and ordinary property tax since the holiday let regime ended in April 2025.
  • GOV.UK's list of what can't be an assured periodic tenancy names types of arrangement, such as a holiday let or a resident landlord, rather than lengths of stay.

Does the Renters' Rights Act cover holiday lets?

Not according to GOV.UK. GOV.UK's guide describes the Act as replacing fixed-term and assured shorthold tenancies in England with assured periodic tenancies, and GOV.UK's tenant guide states that a tenancy can't be an assured periodic tenancy if the property is a holiday let, alongside other exclusions such as a landlord who lives in the same home. The rule predates the Act: Schedule 1 of the Housing Act 1988 lists holiday lettings among the tenancies that can't be assured tenancies, and that paragraph is shown as still in force on legislation.gov.uk.

GOV.UK's tenant guide describes the two months' notice, the once-a-year rent increase and the possession grounds as features of an assured periodic tenancy. On GOV.UK's own list, a holiday let isn't one.

Can you evict a tenant to switch to holiday letting?

Not on the grounds GOV.UK lists. This is the point most of the "switch to Airbnb" articles leave out. Ground 3 in Schedule 2 of the Housing Act 1988 covered a tenancy of up to eight months where the home had been let as a holiday let in the twelve months before, which is the ground seasonal letting relied on. The Renters' Rights Act 2025 removed Ground 3. GOV.UK's list of reasons a landlord can now use includes selling, moving in and rent arrears. Converting to a holiday let isn't on it.

The Act also restricts what happens after the selling and moving-in grounds are used. Under the Act, a landlord who uses the selling or moving-in grounds to end a tenancy can't re-let the home, including as a holiday let, for a restricted period afterwards. Our guide to the letting ban sets out the period and the penalties. GOV.UK adds that the selling and moving-in grounds can't be used at all in the first 12 months of a tenancy.

Neither GOV.UK's guide nor the possession rules it describes deal with a home the tenant has chosen to leave. GOV.UK states that tenants can end an assured periodic tenancy by giving two months' notice. What a landlord may do with an empty home is then governed by the planning, tax, mortgage and registration rules set out below.

When is a short stay actually a tenancy?

GOV.UK tells tenants who don't know what kind of agreement they have to use Shelter's tenancy checker. Its list of exclusions names types of arrangement rather than lengths of stay: a holiday let, a landlord living in the same home and a business tenancy are all listed as outside an assured periodic tenancy. GOV.UK also states that an assured periodic tenancy can't have an end date, and that if a landlord tries to create one with an end date, the end date won't apply. Which side a particular arrangement falls on depends on its facts, which is why GOV.UK points to the checker rather than a rule of thumb.

Guestwise runs medium-term stays as fixed 30-day terms for people who have a main home elsewhere, with the clean and the check-out built in. Our medium-term lets guide explains how that works in practice.

What rules apply to holiday lets instead?

Being outside the Act doesn't mean being outside the rules. These are the ones that apply, each with its own source:

RuleWhat the source saysWhere
London 90-night limitSection 44 of the Deregulation Act 2015 allows a home in Greater London to be let short-term for up to 90 nights in a calendar year without planning permission. Our 90-night rule guide has the detailGreater London only
National short-let registerA mandatory register for short-term lets in England is being set up. Our register guide tracks what's been announced and what hasn'tEngland
Business rates or council taxGOV.UK states that a self-catering property in England is rated for business rates rather than council tax if it is available to let for at least 140 nights and actually let for at least 70 nights in the previous 12 monthsEngland
TaxGOV.UK's policy paper abolished the furnished holiday lettings tax regime from 6 April 2025, so the old reliefs have gone and the income is taxed as property income. Our short-let tax guide covers what that meansUK
Mortgage and insuranceLenders and insurers set their own terms for short-term letting. Our guides on lender consent and short-let insurance explain what to checkYour own contracts
Local planningCouncils publish their own positions on short letting and change of use. Our city guides set out each council's published position, for example Brighton and HoveVaries by council

Is switching to holiday letting worth it?

The figures differ by home and by area. Across the homes Guestwise managed in 2025, 66.8% of nights were booked (Guestwise booking data), against a Brighton area average of 45% (BNBCalc UK market data, July 2026). Guestwise's estimate tool gives a figure for a specific postcode and bedroom count rather than an area average.

On the other side of the ledger, GOV.UK's policy paper states that the furnished holiday lettings reliefs ended in April 2025, GOV.UK sets availability and letting thresholds before business rates apply, and GOV.UK describes the assured periodic tenancy as the standard arrangement for a home let as someone's main residence, with rent paid on a rolling basis. Which of the two suits a particular landlord is a question for their own accountant and solicitor.

Does the Act apply in Scotland and Wales?

GOV.UK's guide describes the Act as reform of the private rented sector in England. Scotland runs its own short-term let licensing scheme, covered in our Edinburgh licence guide, and Wales has its own tenancy law under the Renting Homes (Wales) Act 2016.

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Frequently asked questions

Is a holiday let covered by the Renters' Rights Act?

Not according to GOV.UK. Its guide to assured periodic tenancies lists a holiday let as something that can't be an assured periodic tenancy, so the Act's tenancy rules don't apply to paying guests on a short stay.

Can I evict my tenant so I can run the property as a holiday let?

Not on the grounds GOV.UK lists. The Act removed Ground 3, the old holiday-let ground, and GOV.UK's list of possession grounds doesn't include switching to holiday letting. The Act also bans re-letting, including as a holiday let, for a restricted period after a landlord uses the selling or moving-in grounds.

If my tenant leaves of their own accord, can I switch then?

The Act's restrictions are on evicting a tenant to convert. GOV.UK states that tenants can end an assured periodic tenancy with two months' notice, and once the home is empty the rules that apply are the planning, tax and mortgage ones listed on this page.

Does a 30-day stay count as a holiday let or a tenancy?

GOV.UK's list of exclusions names types of arrangement, such as a holiday let, rather than lengths of stay, and GOV.UK points to Shelter's tenancy checker for working out which kind of agreement applies to a particular arrangement.

Do I still get the furnished holiday let tax breaks?

Not according to GOV.UK. Its policy paper abolished the furnished holiday lettings tax regime from 6 April 2025, so holiday let income is now taxed like other property income.

Does the Act apply in Scotland or Wales?

GOV.UK describes the Act as reform of the private rented sector in England. Scotland has its own short-term let licensing, and Wales has its own tenancy law under the Renting Homes (Wales) Act 2016.

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This is general information, not legal advice. It is our own interpretation of the rules as they stand on the date shown above, and the law can change. Speak to a qualified solicitor before you act on anything here.

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