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
A safe energy transition – ECA launches a new Charter
Practical policy actions to speed up low carbon adoption while maintaining installation safety and competency.
Frank Duffy: Researcher and Practitioner
Reflections on achievements and relevance to the wider research and practice communities.
The 2026 Compliance Landscape: Fire doors
Why 'Business as Usual' is a Liability.
Cutting construction carbon footprint by caring for soil
Is construction neglecting one of the planet’s most powerful carbon stores and one of our greatest natural climate allies.
ARCHITECTURE: How's it progressing?
Archiblogger posing questions of a historical and contextual nature.
The roofscape of Hampstead Garden Suburb
Residents, architects and roofers need to understand detailing.
Homes, landlords. tenants and the new housing standards
What will it all mean?
The Architectural Technology podcast: Where it's AT
Catch-up on the latest episodes.
Edmundson Apprentice of the Year award 2026
Entries now open for this Electrical Contractors' Association award.
Traditional blue-grey slate from one of the oldest and largest UK slate quarries down in Cornwall.
There are plenty of sources with the potential to be redeveloped.
Change of use legislation breaths new life into buildings
A run down on Class MA of the General Permitted Development Order.
Solar generation in the historic environment
Success requires understanding each site in detail.
Level 6 Design, Construction and Management BSc
CIOB launches first-ever degree programme to develop the next generation of construction leaders.
Open for business as of April, with its 2026 prospectus and new pipeline of housing schemes.
The operational value of workforce health
Keeping projects moving. Incorporating unplanned absence and the importance of health, in operations.
A carbon case for indigenous slate
UK slate can offer clear embodied carbon advantages.
Costs and insolvencies mount for SMEs, despite growth
Construction sector under insolvency and wage bill pressure in part linked to National Insurance, says report.
























