elderly suitability
📖 What is elderly suitability? Meaning and definition
In UK tenancy law, 'elderly suitability' is a specific legal test used to determine if a property qualifies for an exception to the 'Right to Buy' scheme. This exception applies if the dwelling is deemed particularly suitable for elderly persons, typically defined as those aged 60 or over, and was initially let to someone aged 60 or more. The assessment considers various aspects of the property itself, such as its size, design, and heating system, as well as other features that contribute to its suitability for an older occupant.
Crucially, when determining this suitability, any features added by the tenant or a previous tenant are not taken into account. The focus is on the inherent characteristics of the property as it was provided by the landlord. Additionally, the surrounding area is also considered, including factors like the accessibility of bus stops and shops, and the gradients of pavements, to ensure an elderly person could live independently despite age-related limitations.
This legal provision, outlined in Paragraph 11 of Schedule 5 of The Housing Act 1985, only applies to dwelling-houses that were first let before 1st January 1990. If a property meets all these criteria – being particularly suitable for elderly persons, let to someone aged 60 or over, and first let before 1990 – then the tenant's 'Right to Buy' the property does not arise.
📋 Requirements
- The dwelling-house is particularly suitable for occupation by elderly persons, considering its 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 dwelling-house was first let before 1st January 1990.
- No regard is had to features provided by the tenant or a predecessor in title when determining suitability.
📝 Procedure
- An application for the Right to Buy is made by the tenant.
- The landlord assesses whether the dwelling meets the criteria for elderly suitability under Paragraph 11 of Schedule 5 of The Housing Act 1985.
- The assessment considers the property's design, heating, and other features, as well as the surrounding area's accessibility.
- If the landlord determines the property is elderly suitable and meets other conditions, the Right to Buy application may be denied.
- The First-tier Tribunal may review the landlord's decision if challenged by the tenant.
💡 Examples
- A bungalow with wide doorways, a level access shower, and a modern, easy-to-use heating system, located near accessible bus routes and local shops, might be considered particularly suitable for elderly persons.
- A flat on the ground floor of a purpose-built block with a warden service, designed with features like grab rails and emergency pull cords, would likely meet the criteria for elderly suitability.
- A property where the tenant installed a stairlift would not have that feature considered when assessing its inherent suitability for an elderly person.
- A dwelling let in 1985 to a 65-year-old individual, featuring a compact design and located on a flat pavement route to essential amenities, could be deemed elderly suitable, denying a later tenant the Right to Buy.
📚 Legal basis
- The Housing Act 1985
- ODPM Circular 07/2004
❓ Frequently asked questions
What does 'elderly suitability' mean for my Right to Buy application?
If your rented home is deemed 'particularly suitable' for elderly people, and meets other specific conditions, your Right to Buy application may be denied. This is an exception under The Housing Act 1985.
How is 'elderly' defined for this purpose?
An 'elderly person' is generally defined as someone aged 60 or over. The property must also have been first let to a person aged 60 or more.
What features make a property 'elderly suitable'?
Suitability is assessed based on the property's size, design, heating system, and other features, as well as the accessibility of the surrounding area, like bus stops and shops. Features added by you or a previous tenant are not considered.
Does the age of the property matter?
Yes, this exception only applies if the dwelling-house was first let before 1st January 1990. If your property was first let after this date, this specific rule does not apply.
What if I disagree with the landlord's decision?
If your Right to Buy application is denied based on elderly suitability, and you believe the decision is incorrect, you may be able to challenge it through the First-tier Tribunal (Property Chamber).
Can I make changes to my home to make it less 'elderly suitable'?
Features you or a previous tenant added are not considered when assessing elderly suitability. The assessment focuses on the property's inherent design and features as provided by the landlord.