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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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We have a Supported Accommodation, where there are a few

Resolved Question:

Hi
We have a Supported Accommodation, where there are a few tenants who took occupancy under a Short Term Assured Tenancy, rent is paid by Housing Benefit, tenants pay maintenance charge , utility bills etc. These tenants have 1;1 support of varied hours daily on a Service Contract from Local Authority's Adult Mental Health Team to provide the support and they pay for it under Domiciliary Care.
Of course the Local Authority terminate the Service Contract at any time if they are not satisfied with the Support given.
My question, does the Local Authority Adult Mental Health Team has the power to remove the tenants against their will and choice? Given the fact they have the Mental Capacity to take the decision and both Landlord and Tenants are happy to carry to live at the Home on under the Tenancy Agreement?
S George
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

On what basis would they seek to remove tenants please?

Customer: replied 1 year ago.
In ordinary Supported Accommodation , any one could rent a room on a Short hold Assured Tenancy for a specified period - the rent is paid either by the tenant or Council, Housing Benefit. Everywhere in UM , Local Authority's Mental Health Team under its Commissioning place people who have a h/o Mental Health issues places in Supported Accommodation under a Service Contract only to provide Support & Personal Care. They are not party to the tenancy and do not pay the rent for the Room , it is separate between the Land Lord and Tenant. Wherever, a Supported Accommodation provides Regulated Activities under Personal Care such as helping to feed, wash, bathing, administration of medicine, then by law such Home is required to register with CQC. Ours is such a Supported Accommodation registered with CQC. But CQC too have no responsibility on where they live or on the Tenancy, which is again governed by the Tenancy Agreement. Both Local Adult Mental Health Commissioning Team and CQC are responsible to regulate only the Personal Care Side. It is the tenants choice & right where he wants to live, although these tenants are referred to the Home by Social Workers of Mental Health Team. CQC could remove the registration if they are not satisfied by the Care given, also the Landlord too could de-register if he/she wishes not to carry on with Personal Care, but still continue to trade as Supported Accommodation under the Tenancy Agreement. My question is where CQC / Landlord de-register a Home and Local Authority not happy with the Personal Care given , does CQC or Local Mental Health Commission has a legal right to remove the tenants from the Home who wish to carry on stating by giving Notice to the Landlord and Tenants, bearing in mind neither of them is not party to the Tenancy Agreement. Local Adult Mental Health Team Leader has given such a notice to us and notified the tenants that they are closing down the Home and moving tenants out within 28 days. They say, because they have the Service Contract for Personal Care for the tenants ( by the way they do not treat treat them as Patients / Clients ) . Please note, a tenant / resident in a Supported Accommodation or at his own home has the right to choose any providers even from outside to receive the Personal Care irrespective of where they live.Hope I have given you the necessary informed to respond to my query.ThanksRegards
Dr S George
Expert:  Jamie-Law replied 1 year ago.

Do the tenants have agreements with the Landlords, or is the tenancy agreement with the Local Authority?

Jamie-Law and 3 other Law Specialists are ready to help you
Expert:  Jamie-Law replied 1 year ago.

Do you have a number we can chat on?

Customer: replied 1 year ago.
Expert:  Jamie-Law replied 1 year ago.

Thanks

Customer: replied 1 year ago.
All 7 people living at the home have Shorthold Assured Tenancy Agrremrnts, Local Authotity is not a party to it nor have any responsibility to pay rents
Expert:  Jamie-Law replied 1 year ago.

Ok

Expert:  Jamie-Law replied 1 year ago.

To confirm if the contract is signed between the landlord and tenant then the council can not end or interfere with that contract. They have no locus or standing.

It's a matter between the landlord and tenant.

Customer: replied 1 year ago.
Could you please confirm your reply on ur letter head to my email to show it to my partners and Home ManagerThanks
Dr George
Expert:  Jamie-Law replied 1 year ago.

This is a question and answer site. We can not send formal letters sadly. The site is a general forum for information.

Customer: replied 1 year ago.
My email address is***@******.***