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Contrived to non-contrived tenancy..is it possible?
I have a case where the HB claim was turned down on the basis that the tenancy was contrived and this was upheld at FTT. A number of subsequent claims were then made and unsurprisingly each one was turned down on the same grounds. However, some of the key indicators of the tenancy being contrived that were identified by the FTT initially are not now present ie. proof of regular rent payments being made, proof that an inventory was carried out, proof that its a market rent being charged etc. My question is can a tenancy that was found to be contrived initially later be found to be commercial and non-contrived if the changing circumstances allow? Is there any case law that has determined this or is it the case that once its found to be contrived it remains so forever? Thanks.