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Global 100 Ltd v Carlos Jimenez and ors

Language: English Publication details: [2023] EWCA 1243, Court of Appeal 20 January 2023Subject(s): Online resources: Summary: 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.
Holdings
Item type Current library Call number Status
Law report Virtual Online ONLINE JUDGMENT (Browse shelf(Opens below)) Available

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.