I'm a landlord and my tenants are renting the house out as an Airbnb: Have they broken the law and can I evict them?

I am a London landlord and have just discovered that one of my houses is being listed by the tenants, who I thought were living there, as a short-term rental on Airbnb.

It's also on Booking.com and a host of others at a very handsome nightly rate.

I am furious. Can I give the tenants notice to leave the property, and does the new Renters' Rights Act give them any protection? 

Additionally, I am concerned that renting the property out short-term has invalidated my buildings insurance.  

Have the tenants broken the law, and if so what can I do about it?

A This is Money reader has discovered her tenants are running her property as an Airbnb

Jane Denton, of This is Money, replies: It is understandable that you want to get rid of your tenants, but the rules on how you must do this have tightened dramatically this year.

The Renters' Rights Act came into force on May 1, 2026 and marked a major turning point for landlords.

One of the biggest changes was that they can no longer use 'no fault' evictions under Section 21 of the Housing Act 1988. 

These allowed landlords to ask tenants to move out without giving a reason, as long as they gave them the required notice period. 

Sometimes landlords would use a Section 21 eviction even if the tenant was at fault, because it was seen as a relatively simple way to get their property back which was difficult for tenants to push back against. 

But now, the no-fault option no longer exists. Landlords must give grounds for eviction, such as the tenant not paying rent or breaching the tenancy agreement. 

They can also evict tenants if they are selling the property or want to move back in themselves.

Rental: Using the home as a short-term holiday let probably breaches the tenancy agreement

In your case, the best bet to remove the tenants from your property is via Section 8 Ground 12 of the Housing Act.

A court can order possession on Ground 12 if it is satisfied that the tenant has breached a term of their tenancy conditions. It doesn't cover non-payment of rent, which is dealt with under a separate ground. 

Make sure you check the tenancy agreement carefully before taking any further action. Most standard agreements will prohibit your tenants from subletting your property or allowing other people to occupy it without your written permission. 

While your tenants have clearly misbehaved, you still need to follow the correct process or your eviction attempt could be challenged. Don't cut corners, and be astute about all the procedures and timelines you need to follow. 

I asked two solicitors for their advice.

Manjinder Atwal, director of housing and property litigation at Duncan Lewis Solicitors, said: I can understand why you are furious. 

Renting out your property on Airbnb or Booking.com without your knowledge is not simply a matter of making a little extra money on the side. 

It can expose you to risks you never agreed to take, particularly if your insurance does not cover short-term holiday lets.

Your first step should be to check your tenancy agreement. Most agreements prohibit tenants from subletting the property or allowing other people to occupy it without the landlord's written permission. 

Advertising the property for short stays and allowing paying guests to use it could amount to a serious breach of the agreement.

If that is the case, you may have grounds to recover possession of the property.

However, you cannot simply tell the tenant to leave immediately, change the locks or remove their belongings. 

You must follow the correct legal procedure, which will depend on the tenancy and the circumstances. 

Take specialist legal advice before serving notice, as an incorrectly handled eviction can be costly.

Has the tenant broken the law? 

Atwal replies: Not necessarily just by advertising the property. But unauthorised subletting may breach their tenancy agreement, while the short-term letting could breach planning rules or other restrictions.

As the property is in London, there is an additional consideration. Short-term letting is usually only allowed for 90 nights per calendar year, and operating a property as holiday accommodation beyond that limit may require planning permission. 

Outside London, the position depends on whether the use amounts to a material change of use and the circumstances of the property.

Your insurance concern is particularly important. A standard landlord policy may not cover a succession of paying holiday guests. 

Contact your insurer or broker promptly, explain what you have discovered and ask whether your existing cover remains valid. Do not wait until there is a claim to find out.

Also check any mortgage conditions, lease restrictions or freeholder requirements that may apply.

I would take screenshots of the listings, save any available booking information and ask your letting agent for a written explanation if they manage the property. 

Contact the relevant booking platforms to report the unauthorised listings and request their removal, providing evidence that you own the property.

The important thing is not to let anger dictate your next move. Establish the facts, protect your insurance position and get advice on the quickest lawful route to regaining control of your property. 

Olivia Egdell-Page is partner at Joseph A Jones & Co

Olivia Egdell-Page, partner and head of the property department at Joseph A Jones & Co, said: Discovering that a tenant has been advertising your property on Airbnb or other short-term letting platforms can be alarming. It also raises a growing number of legal and practical concerns for landlords.

There are two key issues to consider: the restrictions attached to the legal title of the property and the contractual obligations set out in the tenancy agreement.

The title to a property will often, although not always, contain a covenant requiring it to be used for residential purposes. 

In some cases occupation may be restricted further, for example to one family. 

The courts have considered how such covenants apply to short-term lets. In Nemcova v Fairfield Rents Ltd, short-term letting was held to breach a covenant limiting use to a 'private residence'. 

Although a guest may live at the property during a stay, the court's view was that occupation as a private residence implies use as a home and therefore requires a degree of permanence.

The tenancy agreement is equally important. While its precise terms would need to be reviewed, most agreements prohibit or restrict subletting and the granting of occupation to others.

If the tenants are offering the property through Airbnb without permission, they are therefore likely to be in breach of their agreement.

The rules governing tenancy agreements have recently changed. From May 1, 2026, a landlord can end a tenancy only by serving notice under section 8 of the Housing Act 1988. In these circumstances, Ground 12 may be relevant because it applies where a tenant has breached one or more terms of the tenancy agreement unrelated to the payment of rent.

If there is clear evidence that the tenancy agreement has been breached, it may be possible to serve notice. 

However, landlords must comply with all statutory requirements and ensure that they have met their own legal obligations. 

The process involves prescribed documents, procedural steps and strict timescales, so taking legal advice at an early stage is strongly recommended.

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