Will The Tenancy End If A Council Tenant Is Going Into A Care Home?
By
HuutiMoney
If you are wondering whether a council tenancy will end when a council housing tenant is going into a care home, you will find the answer to this question in the following blog post. We will discuss in detail the factors that affect a council tenancy in such cases, and also explore other relevant areas of a council housing tenancy when a tenant moves into a care home.
Will The Tenancy End If A Council Tenant Is Going Into A Care Home?
Whether or not a council house tenancy agreement will end if the tenant is going into a care home depends on several factors. These are listed as follows:
- whether the move into a care home is temporary or permanent
- whether the council house tenancy agreement is an introductory, secure, fixed or joint one
- whether or not the council house can be passed down through the right of succession
- whether the tenant’s household members intend to continue living in the same council house
- whether or not the council house is appropriate for other household members
If the council house tenant is going into a care home temporarily, the tenancy agreement does not have to end; especially if they have lived in the council house with a partner or other household members for more than 12 months and the council house has served as the main residence for them.
However, if the move into a care home is going to be permanent, other factors will be taken into consideration to determine whether or not the tenancy agreement will end. The key factor, in this case, is the type of tenancy agreement.
In either case, the council authorities require a 4-week notice when a council housing tenant is going into care.
If the council housing agreement is based on a joint tenancy, there will be no change to it if one of the joint tenants moves into a care home; whether it is temporary or permanent. However, the joint tenant must treat the council house as their main residence.
If the tenancy was a secure or fixed one, the council house tenancy can be passed down to partners/spouses, children, grandchildren or any other family member who has lived in the council house with the tenant for at least 12 months; treating it as their main residence.
However, the council houses can only be passed down once. Therefore, if the tenant (who is going into a care home) has inherited the council tenancy through succession, it may not be passed down again.
Whether or not the council house tenant shared their residence with other family members, if they don’t intend to live in the council house once the tenant goes into a care home, they must inform the local council office and give a 4-week notice of vacating the premises.
They will also need to make sure of the following:
- all personal items including furniture, carpets, curtains/blinds and electrical appliances are removed
- the council house is cleaned and ready for inspection by the due date
- all rental, council tax and utility bills are paid
- the house keys are handed over to the council office
Lastly, it is possible that despite fulfilling all the other requirements, the family members of a council housing tenant are asked to vacate the council house once the tenant goes into a care home and be asked to relocate to another council house.
This may be so mainly because the current council house is either too big for them or it was adapted to meet the disability needs of a tenant and these adaptations are no longer needed. Therefore, the family members may inherit a council housing tenancy through succession (and not have to reapply for one) but may have to move into a more appropriate residence.
Who Can Inherit A Council House If The Tenant Is Going Into A Care Home?
If a council tenant is going into a care home, the following family members can inherit the tenancy through the “right of succession”; only if it has not been passed down once before:
- spouse/partner
- children
- grandchildren
- siblings
- nieces/nephews
- stepchildren
However, if there is no joint tenancy agreement, a council house tenancy can only be inherited if the potential tenant fulfils the following conditions:
- the council house has been their main home
- they have lived with the council tenant for at least 12 months
- the council house tenancy agreement is a secure tenancy
In the case of a dispute among family members, spouses/partners will have the precedent to succeed the council house tenancy.
Do You Have To Inform The Council If A Tenant Is Going Into A Care Home?
Yes, you have to inform your local council office if a tenant, especially a council housing tenant is going into a care home. This applies to cases of joint tenancy as well where there is no impact on the tenancy agreement if one of the tenants goes into a care home.
In addition to being a change in the number of household members that one must keep the local council office updated with, going into a care home is also a situation in which you will get advice and support through your local council office.
For instance, if there is a care home within your council premises or one that is supported through your local council, it would be easier for a council housing tenant to move into the care home; sometimes at a reduced fee.
Another reason why you must inform your local council office when a tenant (whether council or private) goes into a care home is that the council can support the moving process and fund the care home fee up to 50% (and more if the tenant is on a low income).
Conclusion:
The above discussion helps to conclude that there is no one answer to whether a council tenancy ends when a tenant is going in to care home as there are several factors that will determine the consequences. However, in most cases, if the tenant shared their council house with a family member for at least 12 months, the family member is likely to inherit the council housing tenancy.
References:
Move from Council House to Care Home — MoneySavingExpert Forum