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Customer Question

In a retirement development served by a resident manager whose accommodation is paid for by the leaseholders, is the landlord allowed to assume that the local market rent for the house manager's flat is the rent achieved for an identical flat in the building? The issue is that the rent for this flat includes the payment of an annual service charge of approximately £3000. As the leaseholders pay all the annual costs of running and maintaining the building, including those for the manager's flat, in any case, they have already paid the entire service charge and are therefore being charged twice for the same service. Our argument is that the local market rent should exclude the service charge and should be the rent which can be achieved in the wider local market for an assured tenancy. We are aware that the Landlord & Tenant Act requires that a fair market rent should be charged, and at least one LVT has taken the service charge into consideration when reducing the rent. Are there any other legal precedents or grounds for arguing for a reduction?

Many thanks

Lyndon Pugh
XXX@XXXXXX.XXX

 

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Province/Country relating to question : Wales

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Submitted: 335 days and 1 hours ago.
Category: UK Property Law
Value: £43
Status: CLOSED
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Expert:  Fran-mod replied334 days and 15 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied334 days and 11 hours ago.

Please go ahead.

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Expert:  Fran-mod replied334 days and 7 hours ago.

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

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Expert:  Fran-mod replied333 days and 6 hours ago.

Thank you for your patience, your business is very important to us, we are waiting on a professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!

Customer replied333 days ago.

Please continue

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Expert:  Fran-mod replied332 days and 7 hours ago.

Please understand that it’s rare when we cannot find the right professional. Nevertheless, because you are entitled to your money back with no questions asked, we will process your refund immediately at your request. Please accept our sincere apology. We hope you’ll think of us again when the need arises.

Customer replied331 days and 20 hours ago.

Thanks very much, I understand your problem. Please arrange a refund.

Best Wishes,

Lyndon Pugh

 
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