How much is the rent?

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    I’ve already raised this claim in a slightly different context but:

    Claimant owns a 1-bed flat.

    Moves to a 2-bed owned by his daughter. No problem to start with, claimant falls foul of capital, whether there is a tenancy agreement and several other “contrivance” issues if there is a tenancy agreement.

    The situation then changes. Claimant has to sell flat so the capital value falls to be disregarded from when the process starts. The tenancy between claimant and daughter is now along the lines of his rental liability being satisfied by allowing her to rent out his flat and keep the rent until it is sold.

    I am pretty sure (but not certain) that the father allowing his daughter to control the income from his flat could be considered as rent. It is certainly consideration. My problem is (ignoring all the other issues) how to quantify the rent in terms of the father’s liability.

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