Terms & Conditions

[JonS]

We have been contacted by a registered charity who is proposing to buy properties in our area where there will be a small number of tenants with a live-in 24 hour care/support worker – consequently the rent will be high.
If the provider/landlord is exempt, and these tenancies come into effect, we then have to consider the old Reg 11 – the tenants will satisfy the paragraph re protected groups, so it will fall to the authority to decide if there is suitable cheaper alternative accommodation and if it is reasonable to move – can you offer any advice/guidance in this area?

[Kevin D]

Um, well, you did ask….

There are at least 19 earlier threads on this issue – links are at the end of this (shortish) post.

Just a couple of observations. In order for the “exempt accommodation” exception to apply, it is not enough just for care, support or supervision (CSS) to be provided. It must be provided by:

a) the accommodation provider; OR
b) [u:ecc729df11]on behalf of[/u:ecc729df11] the [b:ecc729df11]accommodation provider[/b:ecc729df11]

Also, take a good look at [b:ecc729df11]CH/0423/2006[/b:ecc729df11].

Right, the other threads….. (you’ll need a supply of very strong coffee…):

new.hbinfo.org.com/forum/viewtopic.php?t=6898
new.hbinfo.org.com/forum/viewtopic.php?t=6681
new.hbinfo.org.com/forum/viewtopic.php?t=6891
new.hbinfo.org.com/forum/viewtopic.php?t=6878

new.hbinfo.org.com/forum/viewtopic.php?t=6851
new.hbinfo.org.com/forum/viewtopic.php?t=6653
new.hbinfo.org.com/forum/viewtopic.php?t=6635
new.hbinfo.org.com/forum/viewtopic.php?t=6596

new.hbinfo.org.com/forum/viewtopic.php?t=6443
new.hbinfo.org.com/forum/viewtopic.php?t=1659
new.hbinfo.org.com/forum/viewtopic.php?t=4376
new.hbinfo.org.com/forum/viewtopic.php?t=4723

new.hbinfo.org.com/forum/viewtopic.php?t=5225
new.hbinfo.org.com/forum/viewtopic.php?t=5525
new.hbinfo.org.com/forum/viewtopic.php?t=5632
new.hbinfo.org.com/forum/viewtopic.php?t=5686

new.hbinfo.org.com/forum/viewtopic.php?t=5878
new.hbinfo.org.com/forum/viewtopic.php?t=6107
new.hbinfo.org.com/forum/viewtopic.php?t=5793

Regards

[Kevin D]

There is also a thread on Rightsnet which may be of interest:

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=3511&mesg_id=3511&page=

I’ve paraphrased part of one of my posts below:

Following [b:5eba0530a6]CH/0423/2006[/b:5eba0530a6] (paras 31 & 32), I think it can properly be argued that CSS only counts for HB purposes if:

a) there is a contractual agreement between the tenants and the accommodation provider which includes a (genuine) term that CSS was provided to the tenants; [b:5eba0530a6]and[/b:5eba0530a6]

b) the accommodation provider is itself under a (genuine) contractual or other obligation to provide, or supply, CSS; [b:5eba0530a6]and[/b:5eba0530a6]

c) the official duties of the alleged provider include the provision of CSS; this being [b:5eba0530a6]for, or on behalf of[/b:5eba0530a6], [u:5eba0530a6]the accommodation provider[/u:5eba0530a6]; [b:5eba0530a6]and[/b:5eba0530a6]

d) the services / assistance provided (under contract or obligation) constitute CSS.

CH/0423/2006 has useful observations and findings on the absence of terms in tenancy agreements relating to CSS (notably changed at a later date by the named L/L (Rivendell Lake)). And, even though there was a purported agreement between Rivendell Lake and the care provider stating that CSS was provided on behalf of the L/L, the Commissioner was emphatic in finding that there was no substance to that aspect of the agreement – the term was “…wholly at variance with the reality of the situation” (para 32).

Regards

[jmembery]

Can anyone point me in the direction of a definition of “supervision” or “care, support and supervision”.

I am (trying) to put together training material by blatently nicking some of the postings by people here (sorry Kevin & Peter in particular) along with coms decisions and extracts from the regs, but I am stuck on that one definition.

Any help gratefully received.

Jeff

[Kevin D]

Feel free to nick away 🙂

Unfortunately, there isn’t any definition in the HB regs for CSS. Therefore, dictionary definitions will apply until either the legislation is changed, or Commissioners have a case where this issue needs to be grappled with.

However, to my knowledge, Tribunals are not buying the argument(s) that helping with forms / moving food in the fridge once a week etc counts as CSS. There is one LA in particular where the L/L attempted to get within the exempt accom definition by resorting to arguments of that nature – the Tribunal rather emphatically rejected those contentions. I’ve pm’d the contact details of that LA to you.

Regards

[jmembery]

Thanks for your help again Kevin.
Jeff

[Author]

Posts