The UK Upper Tribunal has found that a First Tier Tribunal erred in law by deciding that a person who sold his former home and rented it back could not receive Housing Benefit. In an important decision, the court ruled that the test of whether someone could continue to occupy their home without relinquishing ownership is one of practical compulsion, rather than legal compulsion and does not necessitate that the lender has started legal action to recover possession of the property.
