Student bedsits and separate dwellings
In a decision of great importance to landlords of student accommodation, a tribunal has found that bedsits with communal facilities are not separate dwellings. The recent ruling meant that the tribunal had no power to consider an attempt by a group of students to have their service charges fixed by law.
The case of JLK Ltd. v Ezekwe and Others [2017] concerned an old fire station that had been converted into student accommodation. It contained 96 bedsits, most of which had en suite shower rooms. In common with most student accommodation, tenants had access to communal living areas and kitchens, and only their bedrooms were fitted with locks.
A number of students who lived in the block applied to have their service charges fixed at a reasonable level under the Landlord and Tenant Act 1985. If the Act applied to them, service charges could only be levied in respect of sums reasonably incurred for works or services of a reasonable standard.
The landlord would also be required to provide information to tenants and consult with them before major works were carried out. There would be time limits set on the recovery of service charges and tenants would have access to the tribunal system for the determination of disputes. All those protections would, however, only be available if the bedsits were 'separate dwellings' within the meaning of the Act. The First-tier Tribunal (FTT) found that they were.
In ruling on the landlord's challenge to that decision, the Upper Tribunal found that in order to qualify as dwellings, the bedsits did not have to be someone's home. However, in upholding the appeal, it found that the extent of the communal facilities meant that the bedsits were not occupied as separate dwellings. The FTT thus had no jurisdiction to consider the tenants' application.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Shortage of high-quality data threatening the AI boom
And other fundamental issues highlighted by the Open Data Institute.
Data centres top the list of growth opportunities
In robust, yet heterogenous world BACS market.
Increased funding for BSR announced
Within plans for next generation of new towns.
New Towns Taskforce interim policy statement
With initial reactions to the 6 month policy update.
Heritage, industry and slavery
Interpretation must tell the story accurately.
PM announces Building safety and fire move to MHCLG
Following recommendations of the Grenfell Inquiry report.
Conserving the ruins of a great Elizabethan country house.
BSRIA European air conditioning market update 2024
Highs, lows and discrepancy rates in the annual demand.
50 years celebrating the ECA Apprenticeship Awards
As SMEs say the 10 years of the Apprenticeship Levy has failed them.
Nominations sought for CIOB awards
Celebrating construction excellence in Ireland and Northern Ireland.
EPC consultation in context: NCM, SAP, SBEM and HEM
One week to respond to the consultation on reforms to the Energy Performance of Buildings framework.
CIAT Celebrates 60 years of Architectural Technology
Find out more #CIAT60 social media takeover.
The BPF urges Chancellor for additional BSR resources
To remove barriers and bottlenecks which delay projects.
Flexibility over requirements to boost apprentice numbers
English, maths and minimumun duration requirements reduced for a 10,000 gain.
A long term view on European heating markets
BSRIA HVAC 2032 Study.
Humidity resilience strategies for home design
Frequency of extreme humidity events is increasing.
National Apprenticeship Week 2025
Skills for life : 10-16 February