Terms & Conditions

[traceyf]

The claimant lived with her father in property. Father dies and leaves house to claimant and her sister in 2002.

A verbal arrangement was made between claimant and sister that she could stay in property until claimants son started Secondary School, when the claimant would obtain employment and buy sisters half of property.

Son has now started Secondary School and claimant requires hospital treatment and unable to look for work until at least 2007. Sister is now asking for claimant to now pay £70.00 per week for living in her half of the house. Claimant is currently in receipt of Single Parent Income Support

Should this be classed as non commercial tenancy Any ideas????

[Kevin D]

Based on the info given, the clmt appears to be an owner.

Owner is defined in HBR 2.

If the clmt is in fact an owner, payments made by an owner are not eligible for HB [[b:76f58d789a]HBR 12(2)(c)[/b:76f58d789a]].

In my view, the use of the word “an” in HBR 12(2)(c) means the owner can be one of more.

Regards

[Trevor Kenward]

I would do a land Registry search – if she is a joint owner she should I feel be refused HB under Reg 12(2).
There have been discussions on this site where the definition of ‘owner’ comes down to whether they can dispose of the’ fee simple’, either alone or jointly with others (with or without their consent).

[Author]

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