Warwick District Council v Secretary of State for Work and Pensions and CH (HB): [2020] UKUT 240 AAC
Upper Tribunal Administrative Appeals Chamber decision of Judge Poynter on 28 July 2020.
Read the full decision in .
Judicial Summary
Housing benefit鈥擟ommerciality鈥擱egulation 9(1)(a) and (2)鈥斺�淭rump-card facts鈥� and the 鈥渘otional commercial landlord鈥�.
Housing benefit鈥擟ommerciality鈥擱egulation 9(1)(a) and (2)鈥擶hether a tenancy that is on a commercial basis can subsequently become non-commercial, and vice versa.
Housing benefit鈥擟ommerciality鈥擱egulation 9(1)(a) and (2)鈥擶hether subsequent conduct by the parties to a tenancy that does not change the terms of what has been agreed between them (and in particular forbearance by a landlord in the enforcement of rent arrears) can have the effect that a previously commercial tenancy becomes uncommercial.