Terms & Conditions

[markg]

We have a case which has caused some confusion:
A two bedroom bungalow, owned by an independant voluntary organisation (also a Registered Charity), is rented out to two separate individuals. They both have separate assured shorthold tenancy agreements (6 months, starting Jan 2006). They each rent ‘a room’ and share the living room, bathroom, toilet, and kitchen. The tenancy agreements show the name of the independant voluntary organisation as the landlord. This organisation has deals with disabled people and the accommodation these two tenants are in is a sort of half-way house, to ease them back into the community.
We referred the cases to the Rent Officer originally. Were we right to do this? I’m looking at Reg 2(1) and the definition of a hostel. Am I making this more complicated than it needs to be?!
Any advice gratefully received.

[juju]

The accommodation could fit the definition of a hostel.
Is care and support also provided?
Is it the intention that when these individuals move on the accommodation will be let to new residents with similar needs?

If so then I would say it was a hostel and therefore a representative referral is required. As exempt accommodation you then have to decide how much to pay above any rent restriction.

We had a similar situation where a property had been purchased for 2 individuals. However as it had been purchased specifically for the 2 individuals (there was no intention to move them on or rent out to others) and the accommodation was self-contained we treated it as a normal private claim and obtained individual rent officer decisions. It was still exempt accommodation and we pay the whole rent above the rent officer decision.

[chris harvey]

You were right to refer the case as it’s not an excluded tenancy (because its not an RSL). As juju’s pointed out it looks like exempt accommodation which means the RO decision should only be used for subsidy and the actual eligible rent decided under old reg 13.
Whether its a hostel or not will not help you much, it just means you will need to refer one of the tenants instead of both of them

[Kevin D]

“Exempt accommodation” – care, support or supervision (CSS)…..

The provision of CSS does not in, or of, itself make it exempt accommodation. As the accommodation provider is a registered charity, there is still a further hurdle to cross.

The CSS [u:c2ce2b4160]must[/u:c2ce2b4160] be provided by the accommodation provider (AP), or by a person [b:c2ce2b4160]on behalf of the accommodation provider[/b:c2ce2b4160] (and the arrangements must be genuine). It isn’t enough for the AP to claim it is provided by them, or on their behalf – it must be for real. See [b:c2ce2b4160]CH/0423/2006[/b:c2ce2b4160]. It also isn’t enough if CSS is provided on behalf of Social Services. It must be by, or on behalf of, the AP.

Regards

[Author]

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