Hi there, I am interested in renting out my London apartment for three months at a time, as I spend two-three month stints in the UK, and when I am away, I would like to be able to rent my apartment for that period. However, I am unclear as to whether the new legislation precludes such a setup. So, I would want to rent it for example from May to July and September to November.
My understanding is that as of 1st May 2026, all tenancies in England are now periodic. This means that there is no longer a minimum fixed term and a tenant can serve two months’ notice at any point to leave the tenancy.
Does that mean that my plan won’t work and there are no longer any options for landlords to have short let tenants?
Thanks for your help! 
It was never easy to do this and now it’s very difficult. Your best bet might be holiday let’s if that’s viable in your area, but you would need to provide all furnishings, bedding etc and the property would need to be serviced between let’s. There are companies that offer this. They obviously will take some of the income, but this is better than being stuck with a tenant in your flat for years that you can’t evict, and a whole raft of legal liabilities that you don’t understand.
@Jonathan75
Ps really nothing has changed as you could never be sure a 3m let was only 3m
- Nothing in legislation before RRA that allowed you to enforce a fixed term, if the tenant stayed after the fixed term it automatically became a periodic rolling tenancy. You were trusting tenant to leave at end of fixed term but they didn’t have to. If they didn’t, you had to evict with s21 2m notice then application for possession through to bailiffs eviction (8m average in 2025) so could be there 2m+8m = 10 m longer than you wanted
For the situation post RRA the situation is exactly the same. You could maybe “ask” tenants to voluntarily give 3m notice on the day they move in (tho you can’t require it under RRA) or trust them to give notice one month in. If they don’t you have to evict. But s8 g1 (moving back in) can’t be used (notice date ending) in first 12m of tenancy so they are there for a year then application for possession through to bailiffs eviction (8m) so they could be 9m+8m = 17m longer than you had agreed
Best
This is not necessarily a safe option. Whether someone has a lodger licence or a tenancy hinges on whether the landlord is deemed to be living there throughout the occupation. Judges will accept a range of evidence, but decisions have been made both ways. The most famous case being Street v Mountford. There have been many cases reported where the licence has been upheld provided the landlord was there at the beginning and the end of the period and it was less than 6 months and it remained their only or principal home throughout. This is not guaranteed though and we are now in an era where Councils and courts will assume that anything that’s not an APT is simply an attempt to get around the legislation. The consequences for an unfavourable judgement are also much greater now, with civil penalties being payable, possibly for more than one breach of the RRA.
@Jonathan75 if you are interested in pursuing the lodger option, or any of the other non-assured tenancy options, I would suggest specialist legal advice first.
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you should speak to a legal specialist as its a tricky area… but here’s couple of ideas:
I used to do out of season letting agreements for holiday homes that were let weekly in the summer. Furnished Holiday Let (FHL) Limits: To keep your tax status as an FHL, the total time the property is let under non-holiday residential tenancies must remain under 155 days per tax year.
I also used to have an apartment hotel where people could stay for shorter periods so it’s possible but it clearly stated people must have a permanent address elsewhere and this did not constitute a tenancy .
With the RRA and all the subsequent legislation it’s a minefield now. Truth be told the days are coming to a close for the private landlord.
After reading this I’m curious as to how these property guardian companies do it, I know that a person that goes into one is a licencee.
Could OP not do something like that?
@Terry15 perhaps they.are providing as serviced accommodation
Best
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Genuine serviced accommodation is not covered by the Renters’ Rights Act (RRA) because it operates on a licence to occupy rather than a residential tenancy. [1, 2]
How Serviced Accommodation Differs Under the Law
- Nature of Agreement: Occupants are paying guests on short or medium-term stays rather than tenants with exclusive possession. [1]
- Exempt Status: Because it is not an assured residential tenancy under the Housing Act 1988, RRA rules—such as rolling periodic tenancies, rent caps, and banned Section 21 evictions—do not apply. [1, 2]
- Services Provided: Operators supply functional hospitality services like regular cleaning, linen changes, and utility inclusions as part of a commercial business. [1]
The Risk of Misclassification (Sham Licences)
- Substance Over Form: Courts look at the operational reality of the stay rather than what the contract is titled.
- The “Home” Test: If a guest stays long-term and treats the property as their only or principal home, the arrangement can legally convert into an assured tenancy—bringing it fully under RRA protection regardless of previous labels. [1, 2, 3]
There have been cases where property guardians were found by a court to have an assured tenancy, so this is not a risk free option.
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