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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have an apartment in a complex

Customer Question

I have an apartment in a complex of 13 let in 2005 on 999 year leases. All happen to be holiday homes. Some are let from time to time on short "holiday lets" through specialist agents, typically for 1 or 2 weeks. The number of lettings varies, but some achieve up to about 25 weeks in a year. They sleep up to 6 people. Owners also use them for short stays. Some apartments are registered for business rates which as a "small business" means they pay nothing. The local Council web site says the owner of any apartment available to let for more than 140 days per year must register for business rates. The degree of holiday lets has risen over the years and is some respects is causing aggravation to those who wish for a quiet stay. Examples are failure to comply with rules as to refuse deposit, parking more than one car in breach rights granted by the Leases, allowing dogs to foul the gardens. The Leases contain typical covenants of which the following are relevant: 1. To use as a private residence in the occupation of one family only provided the use for holiday lettings will not be a breach; 2. Not to use for an trade business manufacture or occupation; 3. Not to do or bring or allow to remain on an apartment anything that may be or become or cause a nuisance annoyance disturbance or inconvenience injury or damage to the Landlord or other owners or occupiers 4. Not to assign underlet or part with possession of the whole without the assignee undertenant or other person acquiring an interest covenanting directly with the Landlord to pay the Rent (ground rent) and observe the covenants in the (long) Lease. Questions: 1. Are holiday lettings a breach of covenant 2 above and are the number of holiday lets and/or registration for business rates relevant? 2. Is it relevant that no action to restrain these lets has so far been taken? 3. Difficult, but is it likely that covenant 3 above has been breached? 4. Does covenant 4 above require each holiday occupier to enter into a covenant? 5. If there have been breaches what would be the remedies available to (a) the Landlord and (b) other Owners 5. Is the local Council correct in requiring owners to register for business rates? Apart from the reference in covenant 1 above there is no other reference to "holiday lets" in the Leases. Thanks John XXX

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Yes, happy to wait. Incidentally the apartment is in Devon, South Hams DC

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Please continue

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.

Does this mean you will not be able to find an expert. I would have thought any property specialist barrister or solicitor would not have had much difficulty with the questions.

If the last question (should have been 6) is the problem delete it. Also I'm not too bothered with question 3.

If you really cannot help please cancel my sub and return money paid.

John XXX

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