Reply To: Contrived or Non-commercial

#8852
petedavies
Participant

I think you may be on weak ground with the evidence listed –

The LL & claimant’s statements regarding arrears are not necessarily mutually exclusive – When was the actual liability for rent first incurred?
If this was after the date that your claimant moved in, why?

If both statements are correct the agreement seems to have happened at the same time that I.S. was awarded which may be indicative of contrivance.

The maths relating to arrears do not seem to add up (although that’s probably me!)

Not sure you have much to pursue non-commerciality but I do think that there is a question as to whether there is actually any liability in the first place.

It may also be worth looking at the conditions of bail – if, for example, the aunt has given an undertaking to the Court to provide your claimant with a place to stay I am not sure she can then qualify the undertaking by charging rent without first requesting the Court’s permission.