- First-tier Tribunal had no jurisdiction to determine service charge dispute (JLK v Ezekwe)
- Original news
- What were the facts of the case?
- What is the law in this area?
- What were the landlord’s arguments?
- What did the Upper Tribunal decide?
- Case details
Property Disputes analysis: The Upper Tribunal (Lands Chamber) concluded that although there was no requirement for student accommodation to be occupied as a ‘home’ in order to meet the requirements for a ‘dwelling’ pursuant to section 38 of the Landlord and Tenant Act 1985, it could not be classed as a ‘separate dwelling’ as a result of the facilities shared with other tenants. As a result, the First-tier Tribunal had no jurisdiction to determine the service charge dispute.
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