29/12/2025
A dispute over whether a building is being used as an HMO or block of flats has been resolved after a judged ruled that “plugging in a microwave” does not make a room a flat.
Great Yarmouth Borough Council has won a key legal battle against the owners of the St George Hotel, parts of which will now be classified as a house in multiple occupancy (HMO).
The council first raised the matter in 2023, when housing officers inspected the Anglia Square property and found 32 of its 62 rooms were being used to house homeless people.
Officers said the rooms did not meet the legal test for self-contained flats and ruled the hotel should be licensed as an HMO, meaning it would be subject to tougher safety and housing standards.
However the hotel’s owners, Oxford Hotel Investments Ltd, challenged the decision at the First Tier Tribunal, a court that hears appeals over council verdicts, claiming each room was a self-contained unit.
However the tribunal inspectors found that while the rooms had an en-suite facilities, they lacked basic cooking facilities and only provided a microwave, kettle and fridge.
As a result, the council’s initial decision was upheld.
However this sparked renewed complaints from the owners.
They claimed that the various electrical cooking items in the rooms meant it was providing self-cooking facilities and therefore did not qualify as a HMO.
This led to a subsequent case at the Upper Tier Tribunal level, where judges have now ruled in the council’s favour once more.
His Honour Judge Johns KC, said: “It is unlikely to have been intended that a room could be turned into a flat simply by plugging in a microwave.
“The particular facts of this case have, in my judgment, moved too far away to be described as cooking facilities.
“Those facts are that there is no relevant storage, no food preparation area, and just a microwave with fridge and kettle.”
He said the purpose of planning legislation was to “protect people in the occupation of their homes, not to encourage them to cook their own meals”.
In his ruling, he also highlighted that Oxford Investments Ltd had used AI in formulating its arguments, which had resulted in incorrect citations of historic cases.
Despite the second rejection, the company has now sought to appeal the verdict.
A hotel spokesman said the building stopped housing homeless people around two years ago.
Councillor Paul Wells, Great Yarmouth Borough Council’s portfolio holder for licensing, said: ‘’People using this type of accommodation are often vulnerable and deserve the protection of the law 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.
‘’By pursuing this court action, the council has demonstrated it will continue to work hard to raise housing standards in the best interests of those who live in the borough. Our teams worked exceptionally hard to achieve this result and deserve real credit.’’
✍Original copy via Local Democracy Service by Henry Durand
