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