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King and others v Udlaw Ltd [electronic resource]

Language: English Publication details: London Lands Tribunal 2008Subject(s): LOC classification:
  • 346.4104342 $2 18
Online resources: Summary: LRX/186/2006, 20 March 2008. Considered whether a bungalow used for providing holiday accommodation was a dwelling for the purposes of the Landlord and Tenant Act 1985 s18. The appellant (K) was the leasehold owner and occupier of a holiday bungalow on a park owned by the respondent freeholder (U). K was covenanted to pay service charges to U. U applied to the tribunal for determination of the level of charges. The tribunal ruled that it was unable to determine this as holiday accommodation was not governed by the Act. K appealed, arguing established common ground between K and U that the bungalow provided all the facilities and amenities required for long-term occupation, and K was in fact resident for significant periods of the year. "Held": The issue to be determined was whether the bungalow constituted a dwelling. Planning law based the distinction on the facilities required for daily living, while housing and rent legislation required that it be occupied as a home. Planning legislation concerned a separate area of law. K was under covenant that the bungalow was not his home, therefore it could not be considered a dwelling within the meaning of the Act. Appeal dismissed.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 143865-1001

LRX/186/2006, 20 March 2008. Considered whether a bungalow used for providing holiday accommodation was a dwelling for the purposes of the Landlord and Tenant Act 1985 s18. The appellant (K) was the leasehold owner and occupier of a holiday bungalow on a park owned by the respondent freeholder (U). K was covenanted to pay service charges to U. U applied to the tribunal for determination of the level of charges. The tribunal ruled that it was unable to determine this as holiday accommodation was not governed by the Act. K appealed, arguing established common ground between K and U that the bungalow provided all the facilities and amenities required for long-term occupation, and K was in fact resident for significant periods of the year. "Held": The issue to be determined was whether the bungalow constituted a dwelling. Planning law based the distinction on the facilities required for daily living, while housing and rent legislation required that it be occupied as a home. Planning legislation concerned a separate area of law. K was under covenant that the bungalow was not his home, therefore it could not be considered a dwelling within the meaning of the Act. Appeal dismissed.