Former owner Occupier & Former Matrimonial Home

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    John Boxall

    This is the sort of case where you are praying to your supreme being of choice for inspiration……………. (or not as of course this is a valid option)

    This is obviously rather simplified as there are lots of issues about it.

    Now the position is, married couple, pension age, allegedly no longer a couple, which the DWP have accepted.  We have hb & ctb claims for both

    Mrs & their son were joint owners of the property.  Mrs says that this was an error and he should be the sole owner. 

    Anyway the property has now been transfered into sons name

    So she's excluded by virtue of Reg 9(1)(h)  Former owner occupier

    Now, the tenancy agreement is a joint tenancy, but from his point of view, how does the fact that she's excluded affect his claim – if at all? 

    Secondly in the joint tenancy they have divvied up the rooms in the property between them – each have a living room, bedroom & bathroom.  Does that have any implication for contrivance as that part of the agreement isnt enforceable?

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

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