(1)Accommodation which is let by a person during a tax year is “qualifying holiday accommodation” for the tax year if the availability, letting and pattern of occupation conditions are met.
(2)The availability condition is that, during the relevant period, the accommodation is available for commercial letting as holiday accommodation to the public generally for at least [F1 210 days ] .
(3)The letting condition is that, during the relevant period, the accommodation is commercially let as holiday accommodation to members of the public for at least [F2 105 days ] .
(4)For the purposes of the letting condition, a letting of accommodation for a period of longer-term occupation (see subsection (6)) is not a letting of it as holiday accommodation.
(5)The pattern of occupation condition is that, during the relevant period, not more than 155 days fall during periods of longer-term occupation.
(6)For the purposes of this section a “period of longer-term occupation” is a continuous period of more than 31 days during which the accommodation is in the same occupation otherwise than because of circumstances that are not normal.
Textual Amendments
F1Words in s. 325(2) substituted (with effect in accordance with Sch. 14 para. 5 of the amending Act) by Finance Act 2011 (c. 11), Sch. 14 para. 2(3)(a)
F2Words in s. 325(3) substituted (with effect in accordance with Sch. 14 para. 5 of the amending Act) by Finance Act 2011 (c. 11), Sch. 14 para. 2(3)(b)