Does the landlord and tenant act apply to a second (holiday) home bought on a long (99yrs) lease?
Province/Country relating to question : UK
Good evening, There are a number of Landlord and Tenant Acts and part of the Acts apply to long leases whether they are holiday homes or not.
What sort of Holiday Home is it and what is the issue?
Thank you for your reply. The property can be used all year round but must not be a first or main residence.The issue is around Service Charges: i.e. the landlord has included items that are not eligible in its calculation and has not provided any of the documentation required by the lease to support the actual maintenance expenditure and cannot show how the money has been spent or what/whether reserves remain - the lease states that these funds should have been kept in a separate account.We have paid service charge each year to allow the landlord time to remedy the breach but nothing has changed and we have not paid 2010 charge in protest. We realise we are now also in breach but may have some protection if covered by the landlord/tenant act? There are other grievances regarding notices of work and related costs which may be relevant if the act applies but the service charge issue is the priority.40256.3069937153
Good Morning and sorry for the delay in coming back to you. I was away.
Yes the landlord and tenant acts should cover this scenario. I would recommend that you make an application to the leasehold valuation tribunal for a determination of the service charge. You can download the application form on this website http://www.rpts.gov.uk/about_us/lvt.htm.
if we take the LVT route, can we continue to withold the 2010 service charge without too much risk? many thanks
If you go to the LVT the landlord should not be able to take any action on the service charge pending the LVT assessment.
BA (Hons) Pgdl Pgdlp (LPC)
Thanks for your help.
Your first answer to my question stated that "There are a number of Landlord and Tenant Acts and part of the Acts apply to long leases whether they are holiday homes or not." - could you please tell me what these are and whether/where consultation requirements are included. Thank you
Relist: Incomplete answer.The original answer stated that some parts of the Landlord & Tenant Act have always applied to holiday homes but did not say which parts and what areas of the law were covered and whether that included consultation requirements
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