Amounts attributable to services HA 1988 s. 41A
Tribunal must note the amount fairly attributable to services in ss.14/22 determinations for housing benefit/UC, unless negligible.
In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992 or to assist the Secretary of State in the administration of universal credit , where a rent is determined under section 14 or 22 above, the appropriate tribunal shall note in their determination the amount (if any) of the rent which, in the opinion of the tribunal , is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amount so noted may be included in the information specified in an order under section 42 or 42A below.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
When a rent assessment committee (the 'appropriate tribunal') sets a rent under sections 14 or 22 of the Housing Act 1988, it must also record how much of that rent is fairly for the provision of services (like cleaning, heating, or gardening). If that amount is very small (negligible), they do not have to note it.
This noted amount can be used by local authorities for housing benefit or by the Secretary of State for universal credit. It may also be included in information orders made under sections 42 or 42A.
The duty helps separate the service element from the basic rent, so benefit calculations can account for what the tenant is actually paying for services.
When it applies
- A rent assessment committee determines a rent for an assured tenancy that includes a service charge for cleaning common areas, and notes that £X per week is for cleaning.
- A tenant applies for housing benefit, and the local authority asks the tribunal for the noted service amount to calculate the eligible rent.
- A landlord and tenant disagree on whether a service charge is included in the rent, and the tribunal’s determination includes a specific figure for services like hot water or lighting.
- The Secretary of State uses the service component noted in a rent determination to adjust universal credit payments for a claimant.
What this section does not say
- This provision does not set the actual rent amount; it only requires noting the part attributable to services once the rent is determined.
- It does not define what counts as a 'service' – that is determined by other parts of the law or the terms of the tenancy.
- It does not apply when the rent is set outside sections 14 or 22, such as by agreement between the parties without a tribunal decision.
- It does not require the tribunal to note a service amount if it considers the amount negligible – in that case, nothing is recorded.
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This page reproduces the text of HA 1988 s. 41A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.