Supported living – the housing benefit gap

Posted on October 1st, by editor in Caring Times. No Comments

In June this year, the Social Security Commissioner, Charles Turnbull, (“the Appeal Commissioner”) delivered a landmark judgment in what has become known as the Rivendell case. The decision imposes severe restrictions on the amount of rent that can be charged by social landlords to tenants living in supported living accommodation. Typically those tenants will be affected by learning disabilities or mental health problems. The case raises the importance of carefully drafting not only the tenancy agreements at such premises, but more particularly the drafting of agreements between landlords and care providers. Traditionally housing associations, registered charities and other voluntary organisations had relied on an exemption in housing benefit legislation which meant they were not subject to regulations restricting the amount of rent that they are able to charge. Regulation 10(6) of the Housing Benefit (General) Amendment Regulations 1995 defines exempt accommodation as including accommodation which is “

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