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
From studies, to books to a new project, with founder Emma Walshaw.
Types of drawings for building design
Still one of the most popular articles the A-Z of drawings.
Who, or What Does the Building Safety Act Apply To?
From compliance to competence in brief.
The remarkable story of a Highland architect.
Commissioning Responsibilities Framework BG 88/2025
BSRIA guidance on establishing clear roles and responsibilities for commissioning tasks.
An architectural movement to love or hate.
Don’t take British stone for granted
It won’t survive on supplying the heritage sector alone.
The Constructing Excellence Value Toolkit
Driving value-based decision making in construction.
Meet CIOB event in Northern Ireland
Inspiring the next generation of construction talent.
Reasons for using MVHR systems
6 reasons for a whole-house approach to ventilation.
Supplementary Planning Documents, a reminder
As used by the City of London to introduce a Retrofit first policy.
The what, how, why and when of deposit return schemes
Circular economy steps for plastic bottles and cans in England and Northern Ireland draws.
Join forces and share Building Safety knowledge in 2025
Why and how to contribute to the Building Safety Wiki.
Reporting on Payment Practices and Performance Regs
Approved amendment coming into effect 1 March 2025.
A new CIOB TIS on discharging CDM 2015 duties
Practical steps that can be undertaken in the Management of Contractors to discharge the relevant CDM 2015 duties.
Planning for homes by transport hubs
Next steps for infrastructure following the updated NPPF.