Help required – a bit of an odd case

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    Divorced lady (Ms H) renting a property from Mr & Mrs C.
    Tenancy agreement was initially for 6 months from 1.6.05 at a rent of £550 per month, but has the clause allowing the tenancy to continue on a month by month basis after that period.
    The property is a one bedroomed bungalow.

    All above board, and benefit in payment.

    In September Mr & Mrs C split up (whilst they were having a meal with Ms H – a bit odd).
    Mr C was going to sleep in his car so Ms H offered to put him up.
    Ms H stated that he sleeps on a sofa in the conservatory and showed my officers some bedding in there.
    He has not looked for alternative accommodation because he lodges with her.
    He works away during the week, leaving Monday morning and comming back Friday night.
    She does all his washing and ironing and they eat together at weekends.
    Mr C buys a bit of food but doesn’t pay anything else.
    He offered to reduce the rent but Ms H refused this.
    Mr C receives some mail at Ms H address.
    Some of his possessions are Ms H, some at his wifes house.

    I am now stuck as to what decision to make – could we look at the tenancy now being on a non commercial basis? The regs and caselaw don’t seem to fit this scenario.

    Could we put him on her claim as a non-dependant? This would be a bit odd as he is the landlord.

    Help !!!!


    You might want to edit your post and get rid of the surnames!

    I would re-refer the rent to the RO as 1 room with shared facilities. I would also end CTB and get your council tax section to make him liable.

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