Terms & Conditions

[webmaster]

A landlord leases properties from several RSL’s – usually short-life properties.

The landlord is a registered charity/ friendly soc but not registered with the Housing Corporation.

The tenancies are between the tenants/licensees and the landlord (not the RSL).

I cannot see anything to say that the ‘landlord’ has actually been engaged by the RSL’s to manage the porperties on their behalf.

I would have referred these in the past but am not so sure now – and I am fairly sure the rent officer value will be a lot less.

Thanks

[Kevin D]

I agree – the rents must be referred.

HBR 14 + Sch 2 again….

[webmaster]

This ties in with CH/0423/2006.

The landlord is claiming (and I have no reason to doubt this) it provides care and support and the accommodation is exempt from referral.

I do believe there is care provided and that this is funded through supporting people.

I can find no evidence that the ‘landlord’ has been contracted by the RSL’s (who own the properties) to provide care on their behalf to its tenants.

The landlord has said some authorities have accepted its arguments and stopped referring the rents.

[Kevin D]

Hobby horse time….

It is perfectly true that some LAs have in fact “accepted” such arguments by L/Ls. However, many of those LAs haven’t bothered to make proper enquiries and have simply capitulated.

It is plain that Sheffield (with Rivendell Lake) and another LA (with Renaissance) did in fact make such enquiries. At least one other LA has also done so, but although decided by Tribunal in favour of the LA, any further comment is potentially prejudicial because it isn’t yet clear whether an appeal will be made to Commissioners.

There are a significant number of non-RSL L/Ls who have claimed that CSS is being provided on their behalf when this is patently not the case. The CSS argument is being used by those L/Ls purely as a means of trying to bring the claims within the exempt accom rules and, therefore, obtain rents (by way of HB) that could not possibly be obtained any other way. And, based on evidence I have personally seen, it is quite possible to conclude that this is a deliberate tactic by such L/Ls.

So, refer away……

[Author]

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