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The Airbnb 90 day rule in London, read from the Act

The Airbnb 90 day rule in London is a planning exception, not a licence. How the nights add up, who it covers, and what changes after night 90.

Published by Crystal Clear Cleans Last updated 17 October 2026 6 min read

Most of what gets called "the 90 day rule" lives in a 1973 Act that was written decades before anyone listed a flat online. It is a planning rule rather than a licence, and it counts nights against the property over the calendar year. It also has a second condition, about council tax, that a booking platform cannot check for you.

The Act behind the shorthand

Where the Airbnb 90 day rule in London comes from

Section 25 of the Greater London Council (General Powers) Act 1973 treats using a London home as temporary sleeping accommodation as a material change of use, which needs planning permission. The official notes to the Deregulation Act 2015 say the point was to protect housing in the 32 London boroughs and the City, and that the provision applies only to London.

The 2015 Act added section 25A, in force since 26 May 2015. It says that using residential premises in Greater London as temporary sleeping accommodation does not involve a material change of use if two conditions are met. Those two conditions are what the 90 day rule rests on.

90 nights

The ninety-night sum

legislation.gov.uk

The ceiling for every short-term night at one address from 1 January to 31 December, whoever provided them.

What "temporary sleeping accommodation" means

The official notes to the 2015 Act set out the definition: accommodation occupied by the same person for less than ninety consecutive nights, provided for money or because of the occupant's employment. One person staying 90 consecutive nights or more is outside it altogether. A holiday booking of 28 or 60 nights is still inside it.

Since 1 May 2026 there is a second way out. The Renters' Rights Act 2025 amended the definition so it only covers occupation "otherwise than under or by virtue of an assured tenancy". Someone holding an assured tenancy isn't in temporary sleeping accommodation, however long they stay. Our guide to what the Renters' Rights Act changed covers how those tenancies now work.

The same notes say the section 25 restriction, which the 90-night exception relaxes, applies even if only part of the premises, such as a spare room, is used this way.

How the nights add up

The first condition is arithmetic. The second is about who pays council tax. Run through them in this order before you open your calendar to another year.

  1. Start the count on 1 January. The Greater London Authority says that the year runs 1 January to 31 December, not twelve months from your first guest.
  2. Add every night the property has been let this year for a stay of under 90 consecutive nights, however it was booked, leaving out any occupier who holds an assured tenancy.
  3. Add nights provided by anyone else at the same address earlier in the year. Section 25A says it does not matter whether a previous use was by the same person, so a seller's or a previous tenant's nights still count.
  4. Check that, for every night you provide yourself, you (or one of you, if you host jointly) are liable for council tax on the property.
  5. If the total would pass ninety, stop taking short bookings for the year, get planning permission, or move to lets of 90 nights or more at a time.

The second condition: council tax

Who has to be liable

For each night you provide, the person providing the accommodation, or where there is more than one, at least one of them, must be liable to pay council tax on the premises. The official notes add that this includes people who are liable but receive a discount. A company letting a flat it doesn't pay council tax on, or a host whose bill sits in someone else's name, should look hard at this before relying on the exception.

What the three boroughs charge on homes nobody lives in

A flat kept furnished for guests and lived in by nobody can also attract a council tax premium. Each of the three councils publishes its own rule, and each applies only inside its own boundary.

Borough and towns What the council says about council tax Planning enforcement route
Hillingdon: Uxbridge, Hayes, Ruislip, West Drayton A premium on second homes from Wednesday 1 April 2026. The page does not state the rate. Report a planning breach. The council says it can't act if a change of use doesn't need permission.
Ealing: Ealing, Acton, Southall, Greenford Second homes and furnished but empty homes, including short-term rentals like B&Bs or serviced apartments, pay a 100% premium. Planning enforcement, which lists changes in the way a property is used.
Hounslow: Hounslow, Feltham, Brentford, Chiswick A 100% premium on unoccupied furnished properties, applicable from 1 April 2025. Planning enforcement, which takes complaints about unauthorised developments.

What the rule does not cover, and what is still coming

After night 90

The Greater London Authority says that people letting in breach risk the local council taking planning enforcement action.

Stop, apply, or let for longer

You can stop taking short bookings until 1 January. You can apply to your council for planning permission. Or you can let to longer-term occupiers: the GLA says a home already lawfully in residential use doesn't need planning permission to be let for periods of more than 90 nights at a time.

What changes about the cleaning

While the property is on short stays, every checkout needs a changeover, which is what our Airbnb cleaning service is built around. When it moves to one occupier for months at a time, the work shifts to cleaning the empty property between one occupier and the next, which our landlord cleaning service covers. If that longer let is a tenancy, our guide to what the Renters' Rights Act changed sets out how tenancies now end, which is the date the final clean works back from.

Crystal Clear Cleans works across the London Boroughs of Hillingdon, Ealing and Hounslow. Send the address, the number of rooms and the pattern of stays or tenancies you expect through the quote form.

The numbers, and where they come from

Every figure on this page traces to a source you can open.

The ninety-night sum
Section 25A of the 1973 Act, added by the Deregulation Act 2015, adds the nights of short-term use to every previous night of that use of the premises in the same calendar year. The total must not exceed ninety.
Source: legislation.gov.uk
The council tax condition
For every night you provide short-term accommodation, the person providing it, or at least one of them, must be liable to pay council tax on the premises.
Source: legislation.gov.uk
What counts as a short let
The official notes to the Deregulation Act 2015 define temporary sleeping accommodation as accommodation occupied by the same person for less than ninety consecutive nights, provided for money or because of the occupant's employment.
Source: legislation.gov.uk
The assured tenancy exclusion
Since 1 May 2026 the Renters' Rights Act 2025 amends that definition so it covers occupation by a person otherwise than under or by virtue of an assured tenancy. A guest holding an assured tenancy is outside it.
Source: legislation.gov.uk
Long lets need no permission
The Greater London Authority states that a home already lawfully in residential use does not need planning permission to be let to long-term occupiers for periods of more than 90 nights at a time.
Source: london.gov.uk
Airbnb's automatic cap
Airbnb's Help Centre states that since early 2017 its systems have automatically limited entire home listings in Greater London to 90 nights per calendar year.
Source: airbnb.co.uk
England's register is not in force
Government guidance updated on 2 October 2026 states that a mandatory national registration scheme for short-term lets in England is not yet in force and is expected to begin in March 2027.
Source: gov.uk
Business rates threshold
Government guidance states that a property in England is valued for business rates as self-catering when, among other tests, it was available to let for at least 140 nights and actually let for at least 70 nights in the last 12 months.
Source: gov.uk
Ealing second homes premium
Ealing Council states that second homes or furnished but empty homes, including short-term rentals like B&Bs or serviced apartments, pay a premium of 100% on council tax.
Source: ealing.gov.uk
Hounslow furnished empty premium
Hounslow Council states that there is a premium of 100% on the council tax bill for unoccupied furnished properties, applicable from 1 April 2025.
Source: hounslow.gov.uk
Hillingdon second homes premium
Hillingdon Council states that from Wednesday 1 April 2026 a premium is charged on second homes.
Source: pre.hillingdon.gov.uk

Common advice that is wrong

  • False

    “The 90-night rule only applies if you let the whole home, so letting a spare room is outside it.”

    The law reaches part of a home too. Only Airbnb's automatic block is written for entire home listings.

    The official notes to the Deregulation Act 2015 say the section 25 restriction, which the 90-night exception relaxes, applies even if only part of the premises is used as temporary sleeping accommodation. Airbnb's Help Centre describes its automatic 90-night limit for entire home listings and says nothing about private rooms, so the law can still apply to a room listing that the platform doesn't block.

    Source: legislation.gov.uk

  • False

    “London hosts need a 90-day short-term let licence.”

    The London rule is a planning exception. Short-term let licensing is a Scottish scheme, and England's register is not yet in force.

    Nothing in section 25A mentions a licence: it says when short-term use is not a material change of use for planning purposes. A licence you must hold before taking bookings is how mygov.scot describes Scotland's scheme. For England, government guidance says a mandatory national registration scheme is not yet in force and is expected to begin in March 2027.

    Source: gov.uk

  • False

    “If Airbnb hasn't blocked my calendar, I'm within the law.”

    Airbnb's block counts Airbnb bookings on entire home listings. The Act counts every short-term night at the address and tests council tax too.

    Airbnb's Help Centre says entire home listings can't take more than 90 nights of bookings a calendar year unless the host certifies they have the relevant permissions, which lifts the block. Its article says nothing about counting other sites, direct bookings or a previous owner's nights, and section 25A counts all of those. The Act also needs the host to be liable for council tax for each night provided, which no booking counter checks.

    Source: legislation.gov.uk

  • False

    “As long as I stay under 90 nights, my lease or tenancy doesn't matter.”

    The 90 nights are only the planning side. The GLA says a freeholder or landlord may also need to give permission.

    The Greater London Authority's guidance lists the permissions you may need before letting short term: the landlord if you rent, the freeholder if the property is leasehold (likely if you live in a flat), your mortgage provider and your insurer. Staying inside the planning exception does not answer any of those. Read the lease or tenancy agreement and ask before you list.

    Source: london.gov.uk

  • False

    “Each London council sets its own short-let night limit.”

    No council sets its own number. The ninety nights are in one Act, though a direction can switch the exception off locally.

    The official notes say section 25 covers residential premises in the 32 London boroughs and the City, and the ninety-night figure is written into section 25A. A council can't change it. Under section 25B it can, normally with the Secretary of State's consent, direct that the exception does not apply to particular premises or an area, if it considers that necessary to protect the amenity of the locality.

    Source: legislation.gov.uk

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