Warwick District Council v Secretary of State for Work and Pensions and Ch (HB) (Housing and Council Tax Benefits – Liability, Commerciality and Contrivance): UTAA 28 Jul 2020

Housing benefit – Commerciality – Regulation 9(1)(a) and (2) – ‘Trump-card facts’ and the ‘notional commercial landlord’. Housing benefit – Commerciality – Regulation 9(1)(a) and (2)-Whether a tenancy that is on a commercial basis can subsequently become non-commercial, and vice versa. Housing benefit – Commerciality – Regulation 9(1)(a) and (2) – Whether subsequent conduct by the parties to a tenancy that does not change the terms of what has been agreed between them (and in particular forbearance by a landlord in the enforcement of rent arrears) can have the effect that a previously commercial tenancy becomes uncommercial

Citations:

[2020] UKUT 240 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Benefits, Housing

Updated: 15 May 2022; Ref: scu.656572