Hi All,
Im wondering if anyone has come accross this before.
Client entered into Muslim Mortgage 2005 the bank own the property and he pay's rent of £615 per month. The agreement says that the bank will transfer the property into clients name after 22 years rent payments.
Client goes onto short time working and claims HB which is refused stateing the payments are not treated as rent for HB purposes as it is a mortgage HP agreement or credit sale.
looking at CPAG carnt find anything that excludes him from liability exept agreements taking advantage of the HB scheem.
Seems to me client can rely on R v Sutton as main purpose of agreement to afford him housing not to take advavtage of HB scheem.
Is there any case law on this?
any help appreciated.
Phil
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