header-logo header-logo

20 February 2026 / Andrew Francis
Issue: 8150 / Categories: Features , Property
printer mail-detail

Regulating the short let

242979
Andrew Francis tells some cautionary tales of restrictive covenants used for holiday & other short-term lettings
  • This article examines problems arising from restrictive covenants on short-term lets.
  • It examines the case law in relation to breach, which show the importance of considering the covenants affecting the title, either at the pre-contract stage, or post purchase where a change of use is contemplated.

Let us start with three examples.

No 1: Your client has instructed you to act on the purchase of the freehold title to a house by the sea. This is subject to a restrictive covenant providing that the property is ‘only to be used as a private dwelling house’. There is also a ‘no nuisance or annoyance’ covenant. Your client has told you that it intends to use the house for short-term/Airbnb letting during the holiday season.

No 2: Your client has instructed you to act on the purchase of a leasehold residential flat in central London. This is subject to tenant’s covenants providing that the property is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll