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17/12/25 3:30 pm
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A judge has ruled that simply plugging in a microwave is not enough to turn a room into a self-contained flat and avoid the property being classed as an HMO.
Oxford Hotel Investments Ltd had challenged Great Yarmouth Borough Council’s ruling that the St George Hotel in Albert Square was an HMO not self-contained flats after a 2023 inspection found 32 of its 62 rooms were being used as homeless accommodation.
A subsequent First Tier Tribunal inspection revealed the hotel rooms offered a fridge, a microwave, an en-suite shower room with WC and hand basin. They did not have a food preparation area, food storage cupboards, cooking utensils, hob or sink and there was no storage for cutlery and crockery.
The Tribunal upheld the designation, but the firm appealed, claiming that because the rooms contained a microwave oven, kettle and fridge this meant it was providing self-contained cooking facilities and therefore didn’t qualify as an HMO.
Its appeal to the Upper Tier Tribunal has now been rejected as Judge Johns KC ruled that simply plugging in a microwave was not enough to circumvent statutory protection for vulnerable tenants or turn a room into a self-contained flat.
He said businesses could not avoid providing basic amenities by claiming they were not running an HMO. Judge Johns added that the residents - placed there under homelessness legislation - were usually at the hotel for a significant time and invariably the hotel was their only home.
Councillor Paul Wells, portfolio holder for environment and sustainability, licensing and waste, says people using this type of accommodation are often vulnerable and deserve the protecting to ensure minimum standards are provided.
“The council is delighted this ruling clarifies the law around licensing of hotels and large bed and breakfasts that are being operated as HMOs, and it sets a precedent for all local authorities that want to improve housing standards for residents,” he adds.
The company has now sought leave to appeal the verdict.
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