| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 120 (Apr) |
| Neutral Citation: | [2004] EWCA Civ 409 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Peter Gibson, Jacob LJJ and Sir William Aldous |
| Representation | James Goudie QC and Paul Stagg (instructed by Mason Bullock, Northampton) for the claimants. |
| James Findlay (instructed by Kevin Lane, Northampton) for the first defendant. | |
| Philip Sales and Marie-Eleni Demetriou (instructed by the Solicitor for the Department of Work and Pensions) for the second defendant. | |
| Judgment Dates: | 7 April 2004 |
Catchwords
Social security - Housing benefit - Entitlement - Communal occupation of church property by church members - Tenancy agreements pursuant to which property occupied not on a commercial basis - Housing Benefit (General) Regulations 1987, , reg 7.
The Case
The issue of whether or not there was a commercial basis for a tenancy agreement for the purposes of reg7 of the Housing Benefit (General) Regulations 1987, , was one of fact. Religious, or indeed any other, reasons could not turn that which was non-commercial into that which was.
Practice Areas
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