Security as a service charge

Hi,

I am advising a housing association with regards to new service charges. An inner city block really needs full time security. Does anyone know of any caselaw that could support this in terms of HB entitlement?

Thanks

Dave K

The test is whether the service in connected with the provision of adequate accommodation.  If it is, then the charge is eligible (so long as it is not excessively high).  If not so connected, the charge is ineligible.

Derek Stainsby and I flatly disagree on how narrowly the phrase “...connected with the provision of adequate accommodation…” should be interpreted.  I regularly point to a High Court judgement (not dissented from in the Court of Appeal) where the Judge categorically stated the phrase must be read “narrowly”.  Derek argues it depends on the context.  I argue the principle cannot be ignored if the provision is engaged.  Until / unless there is further legal authority on the issue, the arguments will continue.

Over to you….

See the other thread

http://www.rightsnet.org.uk/forums/viewthread/854/