elderly persons housing
📖 What is elderly persons housing? Meaning and definition
In the UK, 'elderly persons housing' is a legal term primarily relevant to the Right to Buy scheme under the Housing Act 1985. If a dwelling meets certain criteria, it may be exempt from the tenant's right to buy it from the landlord. This exception is designed to protect housing stock specifically suitable for older people.
For a property to be considered 'elderly persons housing' and thus exempt from the Right to Buy, it must be particularly suitable for occupation by elderly persons, considering factors like its location, size, design, and heating system. Additionally, it must have been let to the tenant (or a previous tenant) for occupation by someone aged 60 or more.
Landlords often deny a tenant's Right to Buy application on these grounds. If a tenant disputes this denial, they can apply to a Tribunal for a determination. The Tribunal will assess whether the property genuinely meets the specified criteria for suitability and the age requirement at the time of letting. If the landlord fails to prove that the property is particularly suitable for elderly persons, the tenant's right to buy may be upheld.
📋 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 aged 60 or more.
- The property was first let before 1 January 1990 (as per one case excerpt).
📝 Procedure
- A tenant makes an application to their landlord under the Right to Buy legislation.
- The landlord denies the Right to Buy claim, often citing paragraph 11 of Schedule 5 to the Housing Act 1985.
- The tenant appeals the denial to a Tribunal for a determination.
- The Tribunal assesses whether the property meets the criteria for being particularly suitable for elderly persons and the age requirement at the time of letting.
💡 Examples
- A council tenant applies to buy their flat, but the council denies the right to buy, claiming the flat is specifically designed for and let to elderly persons, citing its ground-floor location and accessible bathroom.
- A tenant living in a property with a warden service and emergency pull cords, which was originally let to their 65-year-old grandmother, might face a denial of their right to buy on the grounds it is elderly persons housing.
- A landlord denies a tenant's right to buy, arguing the property's compact size, efficient heating, and proximity to local amenities make it particularly suitable for an older resident, and it was initially let to someone over 60.
📚 Legal basis
- Housing Act 1985
❓ Frequently asked questions
What does 'elderly persons housing' mean for my Right to Buy application?
If your property is legally classified as 'elderly persons housing' under the Housing Act 1985, it means your landlord might be able to deny your application to buy it, as these properties are exempt from the Right to Buy scheme.
How is a property determined to be 'particularly suitable for elderly persons'?
A Tribunal will look at specific features of the property, such as its location, size, design, and heating system, to decide if it is especially suitable for older people. The landlord must prove this suitability.
Does my age affect whether a property is considered 'elderly persons housing'?
Your current age isn't the only factor. The key is whether the property was let for occupation by someone aged 60 or more when you (or a previous tenant) first moved in, in addition to the property's suitability.
What if my landlord denies my Right to Buy application based on this reason?
If your landlord denies your application, you have the right to appeal their decision to a Tribunal. The Tribunal will then determine whether the property truly meets the legal criteria for 'elderly persons housing'.
Can I challenge my landlord's claim that my property is 'elderly persons housing'?
Yes, you can challenge it. The burden of proof is on the landlord to demonstrate to the Tribunal that the property meets all the specific conditions outlined in the Housing Act 1985 for this exemption to apply.