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Case update: holiday homes on long leases
A recent decision gives an important reminder to holiday parks where holiday homes are let on long leases.
A landlord had served service charge notices on lease tenants which did not contain the name of the landlord and an address at which the landlord could be served in England or Wales. The tenant challenged the notices because the Landlord and Tenant Act 1987 says that a service charge is not due until the name and address are provided.
The Upper Tribunal decided that as long as there was a service charge the Tribunal could make the decision even if the charge was not yet due. The landlord could “cure” their mistake by providing the information subsequently. However, holiday park owners who issue leases to caravan holiday home owners should always ensure that they avoid any problem by including their name and address for service on any service charge demands.
This law does not apply to holiday licence agreements or to Mobile Homes Act agreements. However, residential park owners in England or Wales will be aware of the requirement similar under the Mobile Homes Act 1983 to include their name and an address for service on any demand for payment of pitch fees or in respect of services supplied.
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With over 50 years’ experience working with holiday and residential park owners, we are specialists in holiday and residential park law.