[2025] UKUT 264 (LC)

The basic facts are straightforward. As the FTT stated in its decision, this is one of the many property guardian cases in which property guardian companies license property guardians to live in properties which would otherwise remain empty, for the purposes of securing and safeguarding those empty properties (para 8 of the FTT’s decision).

As the FTT found, the freehold of the property in question, Old Moselle School Building, Moira Close, London N17 6Z (“the property”) was owned by the London Borough of Haringey, a local housing authority. On 28 June 2013, the local authority entered into a written agreement with Global Guardians Management Ltd (“GGM”) under the terms of which GGM were permitted to use the property for live-in guardianship purposes. A copy of the agreement was in evidence. It provided that the consideration payable for that right should be £980 per calendar month payable by GGM. GGM then granted permission to the appellant to grant licences to live-in guardians, including the respondents. Copies of those licences, under which the guardians were each required to pay a weekly fee to the appellant, were also in evidence. It was accepted that the local authority did not itself receive payments from the people in occupation of the property (para 17 of the FTT decision).

A document headed THE INTER-COMPANY ARRANGEMENTS FOR APPOINTMENT AND DETERMINATION OF GUARDIAN LICENCES signed by Mr Theo Kyprianou as director of both GGM and the appellant, and dated 19 January 2018, was also in evidence before the FTT and was referred to in its decision (para 9 of the FTT decision). Although a copy was not in the appeal bundle, one was provided upon the hearing of this appeal.