Any responses please;

I have a client whom has been renting a tenancy from his Mum since Jan 1999 - From the outset he was able to claim HB and has done so up until Jan 2004 - when HB did a review and decided it was a contrived tenancy? (they have used there discretion not to recover the amounts paid)

It may be worth looking at summaries of two recent Commissioner decisions CH/2329/2003 and CH/296/2004 in the briefcase area of rightsnet.

Both summaries include a link to the full decision.