Commerciality appeal confusion

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    I took an appeal to Tribunal which was allowed in favour of the clmt. I’ve finally received the statement of reasons and I still don’t agree with the decision. I’ve never took an appeal further so would like some guidance and also any opinions welcome.

    Clmt occupied a council property which she eventually bought with her Daughter. Clmt then sold her share to her Daughter but continued to live in the property. This is when the clmt first made a claim. Claim was refused on the grounds she had owned the property within the last 5 years. When the 5 years expired the clmt claimed again but her Daughter had vacated and sold the property to her Sister and Brother-in-law (on condition clmt was allowed to remain in property).

    Tenancy agreement set up and charged £80 per week from 26th March 2007. 5 years expired August 2009 so claim made 4/8/09. During the period 27/3/07-24/8/09 (period not entitled)less than half the rent payments were made leaving arrears of £5948 at 24/8/09. No rent at all has been paid from 24/8/09 to date. L/L (Son-in-law) has stated all along and at tribunal he would not evict her and the arrears prior to her been able to claim have been waived.
    L/L is a businessman who rents out commercial properties, at tribunal I questioned what he would do if these tenants did not pay the rent and he stated they would be evicted. This has been highlighted in the statement of reasons but the judge has stated I have not taken into account the family cicumstances and that it’s reasonable for the L/L not to evict his own Mother-in-law. Judge has mentioned a lot about the clmt’s family situation, her other Daughter suffered from mental health issues and the clmt now looks after her grandson full time. Her Husband also died in 2009.

    I still don’t feel it’s a commercial arrangement!!

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