Based on the post, there are potential issues.
The difficulty in this case is obviously not the honesty of the situation, but.....
1) Long tenancy. If the idea is to provide the tenant with a home for the remainder of her life, the tenancy will be deemed to be for 90 years. HB is not payable on tenancies exceeding 21 years. Relevant law: .
2) Non-commercial. There are so many arguments at the heart of this (both for and against), that you could give a dozen ppl the same facts and end up with a 50/50 split on the decision, AND ALL with different reasons.... My initial suggestion is to start with R(H) 1/03 (aka CH/0627/2002).
3) Contrived. Based on your post, I can't see this one sticking.
NB: Assumption made that the L/L would not be living in the same prop.
Sorry the answer is not definitive, but hope it helps.
Regards
|