In a 2nd February 2022 decision by the Upper Tier Tribunal (Lands Chamber) in Global 100 Ltd v Jimenez & Ors the tribunal dismissed an appeal by Global 100 Ltd against the First Tier Tribunal decision that an empty office building occupied by Property Guardians was an unlicensed HMO and subject to a £6,251.85 rent repayment order.

A distinction was made between the basis of this case (the use of the relevant office building by the occupants) and previous property guardian cases (the contractual status of the occupant guardians). In dismissing the appeal, the Upper Tier Tribunal found that for the purposes of s254(2) of the Housing Act 2004 the use of the building by the property guardians meant that it was in fact an HMO and thus should have been licensed. Nearly Legal also has an analysis of the case here.