mhm03

[notmyfault2]

Does anybody have info on supported living tenancy? Is it correct that no fixed term limit can be on the contract ? Normally tenancy stipulates)6 or 12 month occupancy. As she has severe learning disabilities I need to be sure that the tenancy contract is correct and appropriate for my daughter

But my daughter’s tenancy contact has no term limit whatsoever . I would be grateful for any advice thank you

[Jofisher]

if your loved one has severe learning disabilities would she not be better in a residential home or are they pushing you towards a tenancy because it’s cheaper. Is she social care funded or health

[Runragged2000]

This would depend on the provider and type of tenancy agreement used. If the provider is social housing e.g. housing association, the tenancy is normally an assured tenancy with no end date. If the tenancy is from a private landlord the tenancy, in England, is normally a AST with a 6 or 12 month end date. The AST can be renewed by landlord or tenant. This tenancy does not offer surety of tenure as the landlord can serve Notice to End the tenancy rather than renew e.g. if he/she decides to sell the property.

[notmyfault2 in reply to Runragged2000]

Thank you for your reply It seems that the landlord is a business so I don’t know if this changes anything. I am worried that my disabled daughter will have no security whatsoever. Supported living It was not a choice we wanted to have but as she has challenging behaviour we were not able to place her in a Residential placement as she had been for a number of years previously

[Runragged2000]

From your response it appears that this is a private landlord. The tenancy would not be secured, it would be a normal Assured Shorthold Tenancy, AST, which has an end date. This tenancy can be renewed or ended by the landlord or tenant at the end date, as per the terms of the tenancy agreement. Have you asked for a copy of the agreement to read before signing? When you say that the landlord would be a business, I am assuming that it is not a Housing Association or an organisation providing supported housing.

[notmyfault2 in reply to Runragged2000]

That is a good question I am not sure whether he is part of an organisation providing support. I have seen the contract and it doesn’t state any start date or end date Just that my daughter would be given 2 months notice if the placement fails .It states that someone would view the placement every week to see if everything complies with safety reg etc . Which my daughter would find very difficult as finds it difficult when people come to the house.

[Runragged2000]

This doesn't sound like a normal private housing tenancy i.e. the kind with an end date, but a contract with care provider to provide housing and care. Sorry, I know a lot about housing tenancy law but nothing about care contracts. I would have thought that your LA Social Work dept., who I assume are funding the placement, would be best suited to advise on the details of the contract and who are the parties to the contract.

My brother has an assured tenancy agreement with his housing provider and a separate contract is in place between the LA social work dept and the care provider(sister company of housing provider) for his care.

From your first post, it would appear that your daughter is being offered an assured tenancy, with no end date, this is good in my opinion and what would be expected of a supported living housing provider. If you are unclear about the terms of any contract I would advise seeking further information about the terms from the housing provider and funder.

I very definitely would not agree to any change in circumstances or placement on behalf of my brother, for whom I am Guardian, without being absolutely clear about all of the terms of the tenancy agreement and care agreement. Ask questions of the parties involved!!

[notmyfault2 in reply to Runragged2000]

Thank you so much for taking the time to write a reply , it was very informative and what you described seems very similar. In our case One company is the Housing provider and a the sister company is the Care Provider . You are absolutely right when advising on seeking answers to questions which is what we have been desperately trying to do. You have given us some hope . Thank you again

[Marzano]

I totally agree with "Runragged 2000". My daughter's Care Provider also has a sister company who provides the Supported Living accommodation. Recently the Landlord (company) has introduced a new tenancy agreement which appears to have several fundamental errors in it. The "landlord" has been slow to react to these, so I have enlisted the help of my daughter's Social Worker from her funding Council and progress is now being made. Do not be afraid to ask any questions (preferably in writing) and follow them up if you're not happy with the reply.

Good luck with it all!