Appeal – Exclusion of Gas Service Charge

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
  • #22488

    Can I have any advice / opinions on this appeal as I think our argument is a bit flimsy.

    The claimant has learning and physical disabilities and his father has a court protection order for him. The property is 60% shared ownership with a housing association.

    HB assessed in Aug 05 using core rent.

    Jan 06 Landlord writes to advise us that the service charges (under the headings of : Management, Day to Day repairs, Gas Servicing, Cyclical Maintenance, Major Repairs Fund and Building Insurance) are all eligible for HB.

    Feb 06 Landlord writes again quoting the Guidance Manual and further information shows Gas Servicing to be ‘ a charge levied to pay for servicing of appliances’.

    Feb 06 HB revised to include all service charges except Gas Servicing.

    March 06 Father appeals against this decision quoting Commissioner Decision CIS 1460 / 1995 as stating

    “ in deciding whether a service was related to the provision of adequate accommodation some account has to be taken of a claimant’s individual needs. You cannot disallow a service simply because a fit person would not need it.”

    I’ve read the document but can’t find this quote anywhere. When the decision was reconsidered the view was taken that Gas Servicing was a day – to – day expense and therefore not eligible.

    In preapring the submission I’m using Reg 10(3) HBGen Regs 1987 and Schedule 1 Part II (4) and (7).

    I’m also not happy because the Housing Association openly seems to advertise the fact that all Service Charges will be paid for by the Local Authority. The landlord also said that other LA’s paid the services charges but speaking with the only LA in our area with this HA’s properties they didn’t have this element of the service charge within the rent.

    What do you think? Thanks

    Kevin D

    Assuming the service charge is the once yearly check and is “reasonable”, I’d allow it.

    All L/Ls are legally required to have gas appliances checked at least once per year and all landlords will build that into their “general” costs.

    All RSL rents will have such an inclusive provision for servicing where gas is supplied to premises they are responsible for.

    However, if you think the charge has been inflated, then you can restrict under the regs you have quoted.

    Incidentally, many of the terms you mention as being stated by the L/L seem strange familiar….. Are you sure this should be treated as an “exempt accommodation” case? If you’d like to compare notes, feel free to send a “pm” to me. I will happily share any relevant info with you.


Viewing 2 posts - 1 through 2 (of 2 total)
  • You must be logged in to reply to this topic.