In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to unpack a Court of Appeal decision about an ecclesiastical setting.
Cloisters Business Centre Management Company Limited v Anvari [2026] is about service charge liability in a former convent converted into mixed business and residential use and raises important questions about when statutory protections under the Landlord and Tenant Act 1985 are triggered.
Richard and Lizzie explore how the Court of Appeal approached the definition of a “dwelling”, and why ancillary or intended residential use can be enough to bring statutory service charge controls into play, even where premises are predominantly commercial.
The discussion covers:
•The background to the dispute and the unusual mixed-use setup at Priory House
•How the Court of Appeal interpreted “dwelling” under the 1985 Act
•Why residential use doesn’t need to be obvious or dominant to matter
•The consequences for landlords, tenants and advisers dealing with mixed-use buildings, and service charge consultation requirements.
This case is a reminder that service charge recovery in mixed-use properties remains a sensitive area, and that assumptions about “commercial” buildings can quickly unravel upon closer inspection.
Other cases mentioned:
- JLK Ltd v Sleepy Hollow Ltd
- Kensington and Chelsea v Mellcraft
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This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
