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Letting your home as a holiday home

The Residential Tenancies Act states that the Act does not apply where the premises are let for the tenant’s holiday purposes. Whether a home is a holiday home or used for holiday purposes depends on the circumstances and facts of each case.

If you have a home which you want to let for holiday purposes then the common law of contract will apply. You should negotiate the terms and conditions under which you want to let your property expressly in writing, secure a deposit payment towards the rental and ensure both parties sign copies of the agreement.

Some homeowners use specialised holiday home agencies to manage the entire process of finding and contracting with holiday making tenants. These agencies usually have standard-form letting contracts which govern the relationship between the tenant and the letting agent acting for the home owner.

Typically, a holiday use of a premises is of a shorter duration. If you want to let your home to someone wanting to use it for a lengthy sabbatical or holiday purpose, you could elect to ‘contract into’ the Residential Tenancies Act under s8 to avoid any doubt about the terms of the letting arrangement.