10A Victoria Place, Penzance, TR18 4DD
CHI/00HE/LBC/2019/0020 · breach of lease · Cornwall · decided 15 Oct 2019
The Tribunal held that holiday lets breached the private dwellinghouse covenant, but found no actionable breach for lets before 7 April 2019 or those booked before that date for the 2019 season, because the landlord had agreed to the holiday use and it would be unconscionable to enforce the covenant against them.
| Outcome | Dismissed or struck out |
|---|---|
| Section 20C (landlord's costs of the case) | Not applied for |
| Section 20 consultation | Not in issue |
| Who applied | Landlord or management company |
| Freeholder / landlord | not a company, or not stated |
| Management company | none named |
| Managing agent | none named |
| Building | One flat, 2 flats |
| Service charge years in dispute | 2016, 2018, 2019 |
| Items in dispute | insurance |
| Items disallowed or reduced | none stated |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | none stated |
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What the decision says
- outcome
The Tribunal finds that the Respondents did not commit a breach of breach of the covenant at paragraph 13 of the 4th schedule to the lease by using the property for holiday lets prior to 7 April 2019
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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