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Not ctax rated but HB eligible?

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  • August 20, 2010 at 12:28 pm #31572
    Dawnr
    Participant

    Hopefully just a quick one…

    Is a caravan that is part of a business rated holiday homes premises HB eligible?

    August 20, 2010 at 3:41 pm #88263
    Anonymous
    Guest

    Judge Jacobs held in R(H)5/09 that following Miah, it was permissible to take a functional approach to the definition of a dwelling. Thus if the claimant has rented the premises, or part of the premises solely in order to live there (as opposed say to rent a garage in order to carry out a car repair business , but incidentally sleep there overnight), then the premises would be a dwelling for the pruposes of HB legislation. (CF R v Warrington BC ex p Williams)

    In the present case, I don’t think that the fact that the authority had rated the site for business rates ought to be conclusive. It is the nature of the agreement between the HB claimant and the landlord that is in my view decisive.

    So, yes the caraven may be eligible

    August 23, 2010 at 11:58 am #88264
    Dawnr
    Participant

    Thanks for the reply.

    If I accept that the liabilityis genuine and the tenant is occupying the dwelling as her main home, does the property have to be rated as a domestic property and given a c tax banding? If it does, would my c tax department have to request that on behalf of the site owners?

    I just want to get it all staraight before I ask for the property to be loaded.

    Thanks,

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