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ARTICLE · 23 FEBRUARY 2026

Dwelling In The Past?

Gatehouse Chambers
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If you are advising residential tenants, perhaps with security of tenure under the Rent Act 1977 ('RA 1977') or the Housing Act 1988...

United KingdomReal Estate and Construction

If you are advising residential tenants, perhaps with security of tenure under the Rent Act 1977 ('RA 1977') or the Housing Act 1988, then you will be able to say with confidence whether they have the protection of the various service charge provisions in the Landlord and Tenant Act 1985 ('LTA 1985'). But what of someone who has a tenancy of a pub or a shop with a flat above: a business tenant of mixed-use premises who has no security under the aforementioned acts but who may well (subject to the contracting out procedure) have the protection of Part II of the Landlord and Tenant Act 1954 ('the LTA 1954)? Do they, like their purely residential neighbours, have rights which would enable them to – for example – challenge the reasonableness of their service charges?

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