answer text |
<p>The legal position of residents of almshouses is that they have a licence to occupy
rather than a tenancy. This was decided in the case of <em>Gray v Taylor</em> (1998)
in which the Court of Appeal held that the resident in that case occupied an almshouse
as the beneficiary of a charity. This meant that she was not a tenant and only had
a licence to occupy. In the case of <em>Watts v Stewart and Ors</em>, 2016, the Court
of Appeal followed the judgment in <em>Gray v Taylor</em> that almshouse residents
have a licence to occupy and that the grant of a tenancy would be inconsistent with
the performance of the duties of the trustees, as it would not be possible for them
to ensure that only qualifying persons occupied the almshouses. The trustees could
only properly discharge the trusts of the charity, which limited its objects to those
in need, hardship or distress, if a personal revocable licence was granted. As occupants
of almhouses are licencees, the Protection from Eviction Act 1977 will apply. This
requires that 4 weeks’ notice to quit must be given to the occupant.</p><p>Where almshouses
are registered with the Regulator of Social Housing, they must also comply with the
regulator's standards framework. The Tenancy Standard <a href="https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F419209%2FTenancy_Standard_2015.pdf&data=04%7C01%7CPSChristopherPincher%40communities.gov.uk%7C397c63a2799144523bf508d919437cac%7Cbf3468109c7d43dea87224a2ef3995a8%7C0%7C0%7C637568599901707149%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=z8ZI45riE%2FrIeQY2dF1z6qx7EJjLa7S%2FAUAHRGFNEQA%3D&reserved=0"
target="_blank">https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/419209/Tenancy_Standard_2015.pdf</a>)
compels Private Registered Providers to offer tenancies or terms of occupation which
are compatible with the purpose of the accommodation, the needs of individual households,
the sustainability of the community, and the efficient use of their housing stock.</p>
|
|