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Renting home from a former partner

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  • September 25, 2017 at 8:43 am #57319
    an1
    Participant

    Good morning.

    I have a claim from a lady who is renting a bungalow from a former partner.

    The property is owned by Mr and Mrs H. I presume Mrs H left Mr H a few years ago and bought/rented another property but remained as a joint owner of the claim address.

    Our claimant moved in with Mr H in January 2015. The relationship ended in March 2016 but she remained living rent free at the property but seperately. She is disabled and was having a lot of difficulties and the property is ideal fro her needs.

    In August 2017 Mr H returned to live with Mrs H and they gave the claimant first refusal on renting the property which she accepted.

    We have refused HB. Is there anyway round this? I am conscious that this is a property that is suitable for the needs of a quite severely disabled lady and want to ensure that it is correct.

    Thanks

    September 25, 2017 at 10:24 am #162467
    d-stainsby
    Participant

    No clear answer to this .  There may be some room for manouvre if it can be shown that your claimant is rentsing from Mrs H as well as or instead of Mr H.  

    Judge Jacobs left this somewhat undecided in London Borough of Bexley v KM [2017] UKUT 0354 (AAC) CH/1241/2017

    https://assets.publishing.service.gov.uk/media/59c237c9ed915d683345f9d3/CH_1241_2017-00.pdf

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