King and others v Udlaw Ltd [electronic resource]
Language: English Publication details: London Lands Tribunal 2008Subject(s): LOC classification:- 346.4104342 $2 18
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| 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.