A number of owners have asked for clarification on whether they are permitted to access their chalets outside of the "holiday period". The KPCOA's understanding is as follows:
- The "Holiday Period" in the original chalet leases is 37 weeks. A deed of variation is available to all lessees to extend the Holiday Period to 47 weeks. The Holiday Period has been removed from 2 chalet leases to provide for year round holiday use.
- The holiday use of each chalet is restricted to the "Holiday Period" as defined in each individual chalet lease.
- Shearbarn has committed to permit access to for "absolutely essential repairs" that are "approved by the management" outside the Holiday Period as defined in individual leases (please see Thrings letter dated 22nd October, 2020.)
If owners would like access to chalets outside the Holiday Period, we suggest submitting requests to the park manager or general manager who may give permission at their discretion.
If reasonable requests for access for "essential repairs" are declined please in the first instance refer park management to the Thrings letter and, if necessary, refer to the details in individual chalet leases which require owners to maintain the property in "good repair and condition" "throughout each year of term" of the lease" (Third Schedule; Part 1; 2).
If owners do experience difficulties with reasonable requests, please do let the KPCOA know in the strictest confidence, so that we can monitor the situation regarding permitted access outside the Holiday Period.
Please note that leases represent a formal contract with the landlord (currently Shearbarn). If owners breach the commitments they have agreed to, without the landlord's consent, this may result in legal action against owners, the cost of which would be recoverable from the individual owners and not from the service charge.
Please note that the email sent from Shearbarn on 8th February 2022 suggests they intend to apply the terms of leases more rigidly than in the past.
The KPCOA