Pavilions Student AccommodationA recent ruling by the Upper Tribunal (Lands Chamber) has held that a lease of a student unit which included the right to use communal space was not a separate dwelling for the purposes of section 38 of the Landlord and Tenant Act 1985.

The unit was intended to be occupied as part only of a student’s dwelling, the remainder of which was the communal living space.

This means that the lessee of such a unit has no right under that section to apply for a determination as to whether the service charge is reasonable. 

The ruling follows the approach previously taken by the courts in considering the concept of  “occupation of a separate dwelling” and applies that specifically to section 38 of the Landlord and Tenant Act 1985.

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