Different considerations apply to cases of shared accommodation. In Uratemp, the Court of Appeal was apparently led astray by some incautious dicta in cases of that nature, where the question was whether the alleged dwelling was “separate”.
For a fuller explanation, see
Q I own a converted house that now provides eight bed-sitting rooms. There is no common kitchen facility, although most of the occupiers use microwaves and electric kettles. While I accept that they occupy as tenants, my solicitors advise that they cannot be assured tenants because the rooms, being unequipped for cooking, cannot be described as dwellings. Is this advice correct?
A It may have been at the time it was given, but it seems to have been overtaken by the unanimous decision of the House of Lords to allow the tenant’s appeal in Uratemp Ventures Ltd v Collins [2001] 43 EG 187 (CS), where Lord Millet explained that the legislative purpose of the Rent and Housing Acts was to protect homes, rather than to encourage tenants to cook their own meals.
Different considerations apply to cases of shared accommodation. In Uratemp, the Court of Appeal was apparently led astray by some incautious dicta in cases of that nature, where the question was whether the alleged dwelling was “separate”.
For a fuller explanation, see Cooking up a solution Estates Gazette 17 November 2001, p176.
