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JLK Ltd v. Ezekwe [2017] UKUT 277 (LC): FTT Does Not Have Jurisdiction Over Leaseholders Application Under 1985 Act

The landlord owned the freehold of what had been the headquarters of Liverpool Fire Brigade. The Building had been converted to provide 93 units of accommodation intended to be occupied by students. All but 6 units were bedsitting facilities with an en suite bathroom and a right to use communal kitchens, lounges, showers and toilets. Various leaseholders applied to the FTT under section 27A of the Landlord and Tenant Act 1985 (“the 1985 Act”). A preliminary issue arose as to whether the units were dwellings. At first instance the FTT determined they were and so were covered by sections 18 to 30 of the 1985 Act. The Landlord appealed.
The Upper Tribunal was satisfied that the units were “dwellings” within the meaning of the 1985 Act. However the Tribunal determined that given that each bed sit also had use of shared facilities each could not said to be a separate dwelling. The Upper Tribunal determined that the FTT did not have jurisdiction to consider the leaseholders applications under section 27A of the 1985 Act.

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