Reply To: Sean Moses CIC (Exempt Accom)
It sounds as if they are describing a “supported living” arrangement where there are extensive care and support needs met by a commissioned support provider, with the landlord possibly having enough of a complementary support role to make it exempt rather than merely specified “managed” accommodation. If the provider is an RP this doesn’t normally matter, but if the provider is not an RP they cannot avoid restriction to LHA/LRR without achieving exempt accommodation status.
They have cited two of the three cases in which the UT accepted that a supported living landlord had a more than minimal complementary support role. There are others that went the opposite way, so it cannot be taken for granted and depends on evidence of what this particular landlord actually does.
I wouldn’t get too hung up about who assesses support needs, these are normally people receiving a lot of personal care and support and there is absolutely no doubt that they have complex support needs. The issue is always the extent to which the landlord realistically contributes to that support.
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This reply was modified 4 months, 1 week ago by
Peter Barker.