CTB Entitlement

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    We have a claim where the claimant (who I’ll call tenant A) when they made their initial claim for benefit that they identified who their landlord was, and when asked for proof of the tenancy, provided a tenancy agreement from this landlord.

    It was then discovered that the person who the claimant identified as their landlord, was not actually the landlord but a tenant with a tenancy agreement (and I’ll shall call this tenant, tenant B).

    We were then advised that the situation was that Tenant B did in fact have a tenancy agreement in their sole name and that tenant A had a verbal agreement with the actual landlord of the property, so effectively 2 shorthold assured tenancies for the same property (one written and one oral).

    The authority at this point had refused tenant A (who is the only one to make a claim for HB&CTB) any entitlement to CTB due to S.131 of the SSC&BA 1992 as he was not considered to be liable for C/Tax as under the first info given, they appeared to be a sub-tenant, then based upon the information then given in the second example, it was considered to be a HMO, and therefore the landlord would be held liable.

    Now however, tenant A as provided a tenancy agreement that has been amended and now shows tenant A & tenant B as joint tenants, however, it does not show the date that the amendment was made, it just shows tenants A & B as joint tenants for the start of the tenancy.

    My question is can a tenancy agreement be amended retrospectively?

    I did not believe that it could, so while I’ll accept (as there is no contrivance rule on CTB) that as tenants A & B are now shown as joint tenants, and that there is a liability to CTB, as far as I am concerned this should only be from the date from which the tenancy was amended to include tenant A as a joint tenant and not from the start of the tenancy.

    Any thoughts please.

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