Landlord residing in the dwelling

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    We have case where a couple sold the family home to their son in 1994, on reaching pension age in 2004 they were advised to claim HB. The son maintains a bedroom at the property but works away as a contractor returning home every six weeks for the weekend. During a period of unemployment he made a benefit claim at this address and has all his mail delivered there. He has also applied for credit at this address.
    Does anybody think this is enough to cancel using Reg 9(1)(b).


    Yes, it is the son’s main residence. If he was not working away on contracts he would be resident in the property ‘full time’.

    (I am assuming you have established that they share rooms other than etc etc)


    Who is responsible for the Council Tax – if the son it is a tacit admission he is resident and yes.

    If mum & dad I think you need to look at his living arrangements elsewhere – if he is in a hotel/B&B/digs then probably yes. If he has a more permanent arrangement I think he would be more in the nature of a visitor in which case no.

    It would also be an idea to look at the rent prior to 2004 if any was paid etc.

    Kevin D

    I agree with Peter Davies’ take – the crux is the L/L’s other living arrangements.

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