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ClaireD, Solicitor
Category: Property Law
Satisfied Customers: 3090
Experience:  I am a specialist property lawyer dealing in all aspects of residential and commercial property with 14 years experience
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Does a tenant of a plot of land, leased for 125 years in 2012

Customer Question

Does a tenant of a plot of land, leased for 125 years in 2012 ,for the purpose of building a holiday home have the right to bu the freehold of the plot.

And does a holiday use restriction on the land give the Landlord rights to increase the service charges without discussion with the tenant
Submitted: 4 years ago.
Category: Property Law
Expert:  ClaireD replied 4 years ago.

ClaireD :

There is no right of first refusal for this type of dwelling under the CLR Act (Which you say you have looked). It only applies to flats leased individually.

ClaireD :

With regards to your second question, this will depend on the terms of the lease. Because it is land there is not the same protection as for flat owners. Service charges are usually in connection with maintenance of a building, so I do not see that the landlord would be entitled unless he either builds the holiday home and maintains it, or it specifically states it in the lease.