Global 100 Ltd v Carlos Jimenez and ors
Global 100 Ltd v Carlos Jimenez and ors
- [2023] EWCA 1243, Court of Appeal 20 January 2023
The Court of Appeal held that two properties that were occupied by property guardians constituted houses in multiple occupation (HMOs) which should have been licensed under the Housing Act 2004. This was a hearing of two appeals from decisions of the Upper Tribunal (Lands Chamber). Both appeals raised an issue about whether the use made by “property guardians” of their “living accommodation” constituted “the only use of that accommodation” for the purposes of section 254(2)(d) of the Housing Act 2004, meaning that the relevant properties in these appeals were a “house in multiple occupation” (HMO) for the purposes of section 254 of the Housing Act 2004. The Upper Tribunal had dismissed appeals from decisions of the First-tier Tribunal (Property Chamber) (the FTT) which had found that the relevant properties constituted HMOs.
PROPERTY GUARDIANS
HOUSING ACT 2004
HOUSES OF MULTIPLE OCCUPATION
LICENSING
United Kingdom
The Court of Appeal held that two properties that were occupied by property guardians constituted houses in multiple occupation (HMOs) which should have been licensed under the Housing Act 2004. This was a hearing of two appeals from decisions of the Upper Tribunal (Lands Chamber). Both appeals raised an issue about whether the use made by “property guardians” of their “living accommodation” constituted “the only use of that accommodation” for the purposes of section 254(2)(d) of the Housing Act 2004, meaning that the relevant properties in these appeals were a “house in multiple occupation” (HMO) for the purposes of section 254 of the Housing Act 2004. The Upper Tribunal had dismissed appeals from decisions of the First-tier Tribunal (Property Chamber) (the FTT) which had found that the relevant properties constituted HMOs.
PROPERTY GUARDIANS
HOUSING ACT 2004
HOUSES OF MULTIPLE OCCUPATION
LICENSING
United Kingdom