In response to threatened Judicial Review proceedings by Pierce Glynn, the DCLG agreed to a consultation on tenant’s liability for district (or block) heating charges levied by a local authority. Such charges are not challengeable as a service charge under s.18-25 Landlord and Tenant Act 1985 by reason of s.26. Further, Housing Act 1985 s.105 provided for regulations to be made to require such service charges to be calculated and levied reasonably. No such regulations have been made. Tenants of a local authority therefore have no way to challenge the reasonableness of the charge for district heating levied, or its manner of calculation. As the charge is levied as rent, possession proceedings can be and are brought on arrears of the charge, which is not covered by housing benefit.
The DCLG were unsure about the need to address the problem as it was not considered to be a widespread issue.
HLPA’s response to the DCLG consultation can be read here [pdf], illustrating the extent of the problem and proposed solutions.