elderly persons
📖 What is elderly persons? Meaning and definition
The term 'elderly persons' is specifically relevant in UK tenancy law when determining if a property is exempt from the Right to Buy scheme, as outlined in Schedule 5 to the Housing Act 1985. This exception applies if a dwelling is particularly suitable for occupation by elderly persons, considering its location, size, design, heating system, and other features. Additionally, for the exception to apply, the property must have been let to the tenant or a predecessor in title for occupation by a person aged 60 or more.
This legal provision means that if a local authority or housing association owns a property that meets these criteria, they can deny a tenant the Right to Buy that property. The rationale is to preserve certain properties for their intended purpose of housing older individuals, ensuring a supply of suitable accommodation for this demographic.
When a tenant's Right to Buy application is denied on these grounds, they can appeal to the First-tier Tribunal Property Chamber (Residential Property). The Tribunal will then determine whether the property genuinely meets the conditions for exception, specifically assessing its suitability for elderly persons and whether it was let to someone aged 60 or over. The Tribunal's decision can either uphold the denial or set it aside, allowing the Right to Buy to proceed.
📋 Requirements
- The dwelling house must be particularly suitable for occupation by elderly persons, considering its location, size, design, heating system, and other features.
- The dwelling house must have been let to the tenant or a predecessor in title for occupation by a person who was aged 60 or more.
- The property must have been first let before 1 January 1990 (as per one case excerpt).
📝 Procedure
- A tenant applies to their landlord (e.g., a London Borough Council) to buy their property under the Right to Buy provisions.
- The landlord denies the Right to Buy, stating that the property is suitable for elderly persons and was let to a person aged 60 or more.
- The tenant appeals the denial to the First-tier Tribunal Property Chamber (Residential Property).
- The Tribunal determines whether the exception from the Right to Buy for occupation by elderly persons applies to the property.
- The Tribunal issues a decision, either setting aside the denial or upholding it.
💡 Examples
- A tenant living in a purpose-built bungalow with grab rails and a walk-in shower, specifically designed for older residents, might be denied the Right to Buy if it was let to someone over 60.
- A local council might deny the Right to Buy for a flat in a sheltered housing complex, arguing its design and services are particularly suitable for elderly persons and it was let to an individual aged 60 or more.
- If a property's heating system is specifically adapted for the needs of older residents and it was first let before 1990 to a tenant aged 60, it could be exempt from the Right to Buy.
- A tenant appeals a denial of the Right to Buy, claiming their property is not particularly suitable for elderly persons despite the council's assertion, leading to a tribunal determination.
📚 Legal basis
- Housing Act 1985
❓ Frequently asked questions
What does 'particularly suitable for occupation by elderly persons' mean?
It means the property's features, such as its location, size, design, and heating system, make it especially appropriate for older individuals. This assessment is crucial for determining if a property is exempt from the Right to Buy.
What age defines 'elderly persons' in this legal context?
In the context of the Housing Act 1985 and the Right to Buy exception, 'elderly persons' refers to individuals who are aged 60 or more.
Can I appeal if my Right to Buy is denied because the property is considered suitable for elderly persons?
Yes, if your Right to Buy application is denied on these grounds, you can appeal to the First-tier Tribunal Property Chamber (Residential Property) for a determination.
Does the property's letting history matter for this exception?
Yes, for the exception to apply, the property must have been let to you or a previous tenant for occupation by a person who was aged 60 or more.
Is this exception only for properties let by local councils?
The case excerpts refer to a London Borough Council denying the Right to Buy, indicating it applies to properties let by such public bodies under the Housing Act 1985.
What factors does the Tribunal consider when deciding if a property is 'particularly suitable'?
The Tribunal considers various factors including the property's location, size, design, heating system, and any other relevant features that make it suitable for elderly persons.