“Provided by”

1. What it means for accommodation to be “provided by” ( for housing benefit purposes) has been considered in the case law. Commissioner Turnbull said:

“the natural meaning of the definition is that the accommodation is “provided” by the owner or other person (e.g. a tenant [or intermediate landlord]) who, but for the grant to the claimant of the tenancy or licence, would have the right to possession, and therefore the right to permit occupation of it, and to whom the obligation to pay rent or licence fee is owed.”1[2009] UKUT 12 (AAC) at [15]

2. Mr Commissioner Pacey said that “provided by”:

“does not in my judgment include instructing, arranging or facilitating privately rented accommodation through a third party, as happened in the instant appeal.”2CH/3900/2005 at [20]

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