BDW Trading Ltd and another v South Anglia Housing Ltd [2013] EWHC – An agreement entered into before a building is let or constructed is not a qualifying long term agreement

Stairwell in a shared apartment block

In this case, the High Court held that a long term agreement which was entered into before the building was let is not a qualifying long term agreement (QLTA) under s.20 Landlord and Tenant ACt 1985.

The definition of ‘landlord’ for the purposes of s.20 was held not to include someone who may become the landlord in the future. This common sense approach takes into consideration that where the builidng has not yet been completed or let there are no tenants to consult with.

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