The 90-day rule explained: where it applies and how landlords work with it
The 90-day rule is the single most misunderstood piece of short-let regulation in the UK. In short: it is a Greater London rule, it applies to whole-home lets of under 90 nights per calendar year, and it does not exist in Manchester, Birmingham, Leeds or anywhere else in England.
That single fact changes how a portfolio should be structured. This guide covers exactly what the cap does, how the nights are counted, what happens if you exceed it, and how landlords legally fill the remaining nine months.
What the 90-day rule actually says
Under the Deregulation Act 2015, a Greater London residential property can be used for temporary sleeping accommodation for up to 90 nights in a calendar year without it counting as a change of use requiring planning permission. Go beyond 90 nights of short-let use and, strictly, you need planning consent for short-let use from the local borough.
Two details matter. First, it is nights of short-let use of the whole home — not bookings, not guests. A single 14-night stay uses 14 of your 90. Second, it resets on 1 January, not on the anniversary of your first booking.
Airbnb applies an automatic limit to entire-home London listings and blocks the calendar once 90 nights are reached, unless you have told them you hold planning permission. Other platforms and direct bookings are not automatically policed — the responsibility sits with the owner.
Where the 90-day rule does not apply
Outside Greater London there is no national 90-night cap in England. A property in Manchester, Sheffield, Leeds, Birmingham, Doncaster or Newcastle can be let on short stays all year, subject to normal planning, licensing, safety and lease or mortgage conditions.
Some places have their own local rules that people confuse with the 90-day cap. Scotland operates a short-term let licensing scheme and control areas. Wales has a registration scheme and different council-tax treatment. In England, a handful of councils have used Article 4 directions or are consulting on the new short-let registration and use-class framework — always check the individual council before assuming.
Rooms let while you still live in the property (rent-a-room style) are treated differently from whole-home lets, and stays of 90+ nights to a single occupier are a tenancy or licence, not a short let.
How landlords legally fill the other nine months
The model most London owners settle on is a hybrid year: high-rate short stays for the 90 nights when rates peak, then mid-term stays of 28 nights or more for the rest of the year. Stays of 28+ nights are not short-let use in the way the cap targets, and they suit contractors, relocating professionals, insurance placements and project teams.
A typical London plan: 90 nights of short stays through spring and summer at peak nightly rates, then two to four mid-term company bookings across autumn and winter. Turnover costs fall, occupancy is steadier, and the property never breaches the cap.
The alternative is to remove the question entirely with a corporate let: we take the property on a company agreement, pay a fixed monthly rent whether or not it is booked, and carry the operating risk. There is no 90-night exposure for the owner because we are the tenant.
What happens if you exceed 90 nights
Exceeding the cap without planning permission is a planning breach. In practice, boroughs act on complaints and data-sharing: enforcement notices first, with fines on non-compliance, and repeat breaches taken more seriously. Your lease and mortgage matter too — many leases forbid short lets outright, and a breach there is a private legal problem, not a planning one.
Keep a booking-nights record per calendar year across every channel, including direct and repeat guests. If you use more than one platform, the individual platform counter is not your total.
Practical checklist before your first short-let booking
• Confirm whether the property is inside Greater London. • Read the lease for a short-let or business-use prohibition. • Tell your mortgage lender and get consent in writing. • Get short-let/holiday-let insurance — a standard AST policy will not cover paying guests. • Gas safety certificate, EICR, PAT-tested appliances, interlinked smoke and CO alarms, fire-risk assessment. • Check the council for licensing, Article 4 directions and planning consultations. • Track nights per calendar year across all channels from day one.
Frequently asked
Does the 90-day rule apply outside London?
No. The 90-night cap comes from the Deregulation Act 2015 and applies to Greater London. Cities such as Manchester, Birmingham, Leeds, Sheffield and Doncaster have no equivalent national cap, though local planning, licensing and lease conditions still apply.
Do 28-night-plus stays count towards the 90 days?
Longer stays are treated as residential occupation rather than short-let use, which is why mid-term corporate and relocation bookings are the usual way London owners fill the rest of the year. Where a property's use is borderline, take advice for that specific address.
Can I get planning permission to let for more than 90 nights?
You can apply to the borough for change of use to short-let accommodation, but consent is rarely granted for ordinary residential flats in London, and the process is slow and costly. Most owners plan around the cap instead.
Does the 90 nights reset per listing or per property?
Per property, per calendar year. Splitting the same home across several listings or platforms does not create extra nights.
How do you handle the cap on properties you manage?
We track nights per calendar year, price the 90 short-let nights for peak demand, then fill the remainder with 28-night-plus corporate, contractor and relocation stays — or take the property on a fixed-rent company agreement so the owner carries no exposure at all.
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