elderly housing
📖 What is elderly housing? Meaning and definition
In the UK, 'elderly housing' is a legal term primarily relevant in the context of a tenant's Right to Buy a property from their landlord. If a dwelling is deemed particularly suitable for occupation by elderly persons, it may be exempt from the Right to Buy scheme, meaning the tenant cannot purchase it.
This exemption applies if the property meets specific criteria, including its suitability for elderly persons based on features like location, size, design, and heating system. Additionally, for the exemption to apply, the property must have been let to the tenant or a previous tenant for occupation by someone aged 60 or more.
The determination of whether a property qualifies as 'elderly housing' for the purpose of denying the Right to Buy is often made by a Tribunal. The Tribunal assesses the property's characteristics against the legal requirements set out in the Housing Act 1985. If the Tribunal is satisfied that the property meets these conditions, the tenant's application to buy the property will be denied.
This provision aims to protect housing stock that is specifically intended to meet the needs of older residents, ensuring that such properties remain available for their intended purpose within the community.
📋 Requirements
- The dwelling house is particularly suitable for occupation by elderly persons, considering its location, size, design, heating system, and other features.
- The dwelling house was let to the tenant or a predecessor in title for occupation by a person who was aged 60 or more.
- The property was first let before 1 January 1990 (as per one case excerpt).
📝 Procedure
- A tenant gives notice to their landlord of their intention to exercise the Right to Buy.
- The landlord serves a notice (e.g., RTB 2 form) denying the Right to Buy, stating that the property is suitable for elderly persons.
- The tenant applies to a Tribunal for a determination on whether the dwelling house is suitable for occupation by elderly persons.
- The Tribunal assesses the property and the circumstances of the letting against the criteria in the Housing Act 1985.
- The Tribunal issues a decision on whether the exception from the Right to Buy for occupation by elderly persons applies to the property.
💡 Examples
- A tenant living in a bungalow with grab rails, a walk-in shower, and a warden call system, specifically designed for older residents, might be denied the Right to Buy.
- A property located close to essential amenities, with level access and a compact design, originally let to a person over 60, could be classified as elderly housing.
- If a landlord denies a tenant's Right to Buy claim because the property has features like an easily accessible ground floor and a simplified heating system, arguing it's for elderly persons, the tenant can challenge this at a Tribunal.
- A Tribunal might examine a property's layout, the presence of lifts, and the proximity to medical facilities to determine if it is 'particularly suitable' for elderly occupation.
📚 Legal basis
- Housing Act 1985
- Housing Act 2004
❓ Frequently asked questions
What does 'particularly suitable for occupation by elderly persons' mean?
It means the property has specific features, such as its location, size, design, or heating system, that make it especially appropriate for older individuals to live in comfortably and safely.
Can my landlord deny my Right to Buy if my property is considered elderly housing?
Yes, if your property meets the legal criteria for being particularly suitable for elderly persons and was let for occupation by someone aged 60 or more, your landlord may be able to deny your Right to Buy.
What if I don't agree that my property is elderly housing?
If you disagree with your landlord's decision, you can apply to a Tribunal for a determination. The Tribunal will review the evidence and decide whether the property truly qualifies for the elderly housing exemption.
Does the age of the current tenant matter for elderly housing rules?
The key factor is that the property was let to you or a previous tenant for occupation by a person who was aged 60 or more, not necessarily your current age.
Where can I find the specific legal rules about elderly housing and Right to Buy?
The relevant legal provisions are primarily found in Schedule 5, paragraph 11 of the Housing Act 1985, which outlines the conditions under which the Right to Buy does not arise for properties suitable for elderly persons.
Are all properties with adaptations for older people considered 'elderly housing' under this rule?
Not necessarily. The Tribunal will consider all features, including location, size, design, and heating, to determine if the property is 'particularly suitable' for elderly persons, not just if it has some adaptations.