King v Udlaw Ltd (2008) Lands Tribunal >>
S v Floyd (The Equality and Human Rights Commission Intervening)
service charges
Many people choose to holiday in properties let to them on a long-term basis, whether a cottage in the hills or a chalet by the beach. What is the status of such properties in the various statutory regimes dealing with the regulation of tenancies of residential accommodation? In particular, how far do the restrictions relating to demands for service charges in ss 18 et seq of the Landlord and Tenant Act 1985 (LTA 1985) apply?
The Lands Tribunal has recently considered this latter question in King & Ors v Udlaw Ltd (2008) Lands Tribunal LRX/186/2006, producing the first authoritative determination on the point. It held that the holiday bungalows it was considering fell outside the ambit of the statutory protection.
In King, the appellant tenants had long leases of holiday bungalows at a holiday park in Cornwall. Planning permission for the park required that it should be used for holiday purposes only, and not for the provision of permanent residential accommodation. The long leases contained a
