The Kingsdown Tenants Association have achieved a major victory in a LVT hearing and subsequent Upper Tribunal appeal hearing over the new owners of their site Tingdene. The relevant documents can be viewed by following these links.
LVT judgement – 09_11_09 LVT Application Letter
Permission to appeal decision – 25_05_10 LVT Appeal Decision to Parties
Upper Tribunal Appeal Decision – Decision LRX-81-2010
Well done to you and you legal advisors. I have a holiday chalet in North Wales on a developement of 300 chalets. I have found it very difficult to find out how much of this ruling may apply to freeholders who are obliged to pay a fixed service charge. All references appear to point to leaseholders. Any ideas?
The legal cases here are basically Landlord and Tenant issues. Yours appears to be a unique situation which would not be covered by the Landlord & Tenants Act 1985 or come under the jurisdiction of the LVT.
Sorry but without some details of what sort of relationship you have with your site freeholder and the problems you might have it would be difficult to advise.
You are welcome to send us an email detailing your problems.