Holiday chalets cannot be occupied on a permanent basis (typically, they can be occupied for 11 months of each year). But, are chalets ‘dwellings’, and so within the scope of service charge protection under LTA 1985?

In Udlaw [2008] the LTA held that they could not be ‘dwellings’, but that decision has now been overruled by the High Court. The court took the view that whilst the terms of the lease prevented the claimant from living at the chalet on a permanent basis, it was not a requirement of LTA 1985 that the dwelling had to be a permanent home (indeed, one person can have more than two homes). The policy of the 1985 Act was to protect people against excessive and unreasonable service charge demands, and that policy should apply with equal force to a flat in a block and a holiday home. Thus, service charge protection will be available. Phillips v Francis, QBD March 24 2010 (noted on Westlaw, and Lawtel). Source: Nearly Legal (http://nearlylegal.co.uk).