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 thanksLyndon Pugh
Province/Country relating to question : Wales
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!
Please go ahead.
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.
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!
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.
Thanks very much, I understand your problem. Please arrange a refund.Best Wishes,Lyndon Pugh
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).