Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> Warwick District Council v Secretary of State for Work and Pensions and CH (HB) (Housing and council tax benefits - liability, commerciality and contrivance) [2020] UKUT 240 (AAC) (28 July 2020)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2020/240.html
Cite as: [2020] UKUT 240 (AAC)

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Warwick District Council v Secretary of State for Work and Pensions and CH (HB) [2020] UKUT 240 (AAC) (28 July 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.

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