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

Upper Tribunal Administrative Appeals Chamber decision of Judge Poynter on 28 July 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 24 August 2020

• Categories: Housing and council tax benefits
• Sub-categories: Housing and council tax benefits - liability, commerciality and contrivance [regulations 8 and 9]
• Judges: Poynter, R
• Decision date: 28 July 2020

Read the full decision in CH/1839/2017.

Judicial Summary

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.

Published 24 August 2020