Holiday Let and ss. 47 and 48 Landlord and Tenant Act 1987

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #31
    Originally posted by Lawcruncher View Post
    You book a cottage after seeing it advertised as available for holidays.
    It wasn't advertised as a holiday let. The agent was advised as to the activities the tenants would be doing which are inconsistent with a holiday. The only mention in relation to a holiday let is in a sentence in the shortlet agreement

    Comment


      #32
      Originally posted by hrenter View Post
      It wasn't advertised as a holiday let. The agent was advised as to the activities the tenants would be doing which are inconsistent with a holiday. The only mention in relation to a holiday let is in a sentence in the shortlet agreement
      Does not look like a holiday let then.

      I think it would help if you could explain your problem and what you are trying to prove as whether or not it is a holiday letting may turn out to be irrelevant.

      Comment


        #33
        Originally posted by Lawcruncher View Post
        I think it would help if you could explain your problem and what you are trying to prove as whether or not it is a holiday letting may turn out to be irrelevant.
        Agree. The point is getting a bit lost now. BTW, this is a terrific discussion forum - thanks to everyone for their input do date.

        So restating the issue. I originally posted a question to seek the forum's opinion on what happens if a LL does not comply with s.48 of the LTA and does not provide an address in the rent demand, and what remedies there might be.

        The more substantial issue is that the LL has not put a security deposit into a scheme. So, to compel the LL to do so requires proceedings to be commenced which also require an address for service. The holiday let is linked to the deposit issue as the LL is arguing that it is a holiday let which does not require deposits to be put into a scheme.

        What does appear clear is that even if its a holiday let, a LL must still comply with s.48 and s.1 of the LTA to provide an address.

        Comment


          #34
          In which case just about every cottage in every brochure does not comply!
          Unshackled by the chains of idle vanity, A modest manatee, that's me

          Comment


            #35
            @hrenter
            The information I have regarding max length of holiday lets relates to HMRC and the tax treatment of furnished holiday lets

            Q2 What are the qualifying conditions?
            Certain conditions must be met in order to qualify for the tax treatment provided under the
            current FHL rules:
            1. the property must be situated in the UK; (though see chapter 3)
            2. the business must be carried on commercially, and with a view to a profit;
            3. Pattern of occupation: Total periods of longer term occupation must not exceed 155
            days during the relevant period. A period of longer term occupation is a letting to
            the same person for longer than 31 continuous days;
            4. Availability: the property must be available for commercial letting as holiday
            accommodation to the public for at least 140 days during the relevant period; and
            5. Letting: the property must be commercially let as holiday accommodation to
            members of the public for at least 70 days during the relevant period. A letting for a
            period of longer term occupation is not a letting as holiday accommodation for the
            purposes of this condition.
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


              #36
              Has the property at any time been occupied by the tenant as his his only or principal home? If the answer is "no" then the letting is not an AST and so whether it is a holiday letting is irrelevant.

              Comment


                #37
                Originally posted by Lawcruncher View Post
                Has the property at any time been occupied by the tenant as his his only or principal home? If the answer is "no" then the letting is not an AST and so whether it is a holiday letting is irrelevant.
                The question is easier answered in the positive.
                For the period of the tenancy it's the only and principal home of the tenants.

                Comment

                Latest Activity

                Collapse

                Working...
                X