RSLs and service charge for gardening

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  • #38332
    wintlejb
    Participant

    A local RSL has asked if they start making a charge for gardening whether or not it would be eligible to be met by HB.

    The charge relates to an individual property and does not relate to communal areas.

    The occupant is severely disabled and is physically unable to keep the garden in order.

    Looking at previous threads it would appear that the charge would be ineligible but I have some sympathy for the tenant (it must be Friday!).

    Any advice gratefully accepted.

    #107875
    nickkeogh
    Participant

    Then every HA and LA could employ a gardener for all their properties and let HB pay for it couldn’t they? The eligibility of the service charge is related to the property not the tenant so if the next tenant in the same property wasn’t severely disabled then would you have the same opinion?

    #107888
    Anonymous
    Guest
    #107890
    Kevin D
    Participant

    There has been a UTD which distinguishes CH/755/2008 (somewhat tenuously and expediently in my view). Unfortunately, I can’t recall the citation – I’ll repost if the newer decision comes to mind.

    #107894
    wintlejb
    Participant

    Thanks all

    #107897
    Kevin D
    Participant

    The later decision was CH/1540/2010:

    CH/1540/2010

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