Terms & Conditions

[Kay_Tade]

I have searched the forum and I'm a bit surprised "EHSL" did not bring up a result?

Has anyone had any experience with them?

They are registered as a charity, CIC and have applied for registered HA status. They do not provide any support directly, at least that’s what their website says.

https://ehsl-uk.com/about-us/regulation/

 

https://ehsl-uk.com/tenants/useful-information/

 

Any thoughts, comments appreciated, thanks.

[ansemic]

Hi Kay, just PM'd you 

[simonh]

I've received an email from EHSL explaining that they are planning on taking on several properties in our district and asking for the usual gurantees that the rent is acceptable, we are happy to classify them as exempt etc. 

According to their website they meet the definition of a HA for HB purposes but I can't find them on the latest register.  Does anyone know anything else about them?

[ansemic]

When I checked in August EHSL weren't a registered provider or charity

Companies House              07965814 Private Limited Company by guarantee without share capital use of 'Limited' exemption

Incorporated:                      27th February 2012

Nature of business:             87900 – Other residential care activities not elsewhere classified

 

[simonh]

Yes, thats all I've been able to find.  Their website carefully doesn't say they are registered as either, just that they meet the definitions for benefit purposes.

[Kay_Tade]

[quote=simonh]Yes, that’s all I've been able to find.  Their website carefully doesn't say they are registered as either, just that they meet the definitions for benefit purposes.[/quote]

Yes, but the further conditions required are not met, so specified accommodation, yes, exempt, no. Decided they were LHA and did not hear anything back, though they have said they are getting registered but until then guess it is what it is.

[Kay_Tade]

Back at this again……………..

 

[quote=simonh]Yes, thats all I've been able to find. Their website carefully doesn't say they are registered as either, just that they meet the definitions for benefit purposes.[/quote]

 

I am seriously beginning to wonder what's going on with them, if they have been trading for almost a decade it really shouldn't take too much just to register (As whatever relevant body) and then just do the diligence bits for the support provided to the tenants/claimants? Just thinking out loud.

[peham28]

Hi

Bringing this back to top, as they have now shown an interest in our area. Their website hasn’t changed, they are not on the register of social landlords, or any charity. They have stated they provide supported accommodation for over 650 properties, so I would be grateful if anyone can advise whether they have accepted this landlord as a provider of exempt accommodation.

[Peter Barker]

The test is whether they are a “housing association” (not the same thing as “registered housing association”), voluntary organisation or registered charity. As a company limited by guarantee, they are incorporated in a way that is normally associated with non-profit operations and would therefore probably satisfy “housing association” or “voluntary organisation”.

[peham28]

Thank you for this Peter – follow up question if you don’t mind. How do we treat the rent? If they provide more than minimal support (which I don’t think they do) do we refer the rent. Our Authority will be commissioning the support, so will it be LHA?

Sorry for all the questions, but the more I learn the less I seem to know with supported accommodation 🙂

[leonardpayne]

Heres my 2p worth

If it is the Local Authority that is commissioning the support, then the Landlord isn’t therefore LHA.

However, if the Landlord is ALSO supplying support that is more than ‘minimal’,
(AKA a moveable feast} then it could be classified as ‘exempt’ as long as the landlord condition is met of course.

end 2p

[bmihayo10]

To add to Leonad’s 2 pence worth;

You would need to understand the service that the landlord is offering and how it interacts with the regulated care commissioned to decide whether it provides support that is more than minimal. If you’re satisfied that it is and that the landlord condition is met, then it would be exempt accommodation and you would have to make a decision on the eligible rent, whilst still referring it to the rent officer for your subsidy calculation. Caselaw such as JD v Allerdale BC, DW v Oxford City Council and Wirral MBC v SIL should help.

[mickbullock]

I have just had an application from EHSL.

Not registered provider and not registered charity. Not a CIC not for profit On Companies house as Private Limited Company by guarantee without share capital use of ‘Limited’ exemption”

Normally I would just think this was “for profit” company and therefore cannot be specified exempt.

However on the articles of association they provided it does say they are not for profit.

Never come across one of these before can they meet the landlord criteria for specified exempt?

any help much appreciated. thanks Mick

[Peter Barker]

Mick, this is a textbook non-profit form of incorporation. It’s a company limited by guarantee as distinct from a company limited by shares: the latter (usually) distributes profit to shareholders in the form of a dividend and the shareholders can trade their shares. The members of a company limited by guarantee cannot do those things.

You might even find an asset lock in the Articles, which prevents the members acquiring any of the company’s assets unless they pay a fair price for them. Whereas the shareholders of a company limited by shares usually receive the company’s assets if it is wound up and after it pays off its debts. A CIC has to have an asset lock, there is no legal requirement for other companies limited by guarantee to have one, but that’s just an extra gloss, the important thing is that the articles prevent payment of dividends to members and that’s what makes it a non-profit body.

EHSL is therefore likely to satisfy the HB definitions of “housing association” and “voluntary organisation”.

If you are thinking that something extra, like RP or registered charity status, would provide greater reassurance about the behaviour and motives of the organisation, I’ll just leave you with two words that rhyme with Pie Face …

[cfowkes]

If anyone is still reviewing EHSL and deciding if support is more than minimal, please can you contact me
clare.fowkes@chesterfield.gov.uk

We have them starting a scheme in Chesterfield and I have started the conversation regarding level of support to determine if LHA is or isn’t applicable. Thanks

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