Q&As

It is a condition of a deferred payment agreement under the Care Act 2014 that the local authority will not unreasonably withhold or delay consent to a service user’s property being let as an assured shorthold tenancy (AST) which enables an order for possession to be obtained on one month’s notice after an initial term of no more than six months, and which enables possession to be obtained on the minimum statutory notice period. Can an AST be granted on these terms given that a landlord must give two months’ notice under section 21 of the Housing Act 1988?

read titleRead full title
Produced in partnership with Kevin Long of Hackney Law Centre
Published on LexisPSL on 04/12/2018

The following Property Q&A produced in partnership with Kevin Long of Hackney Law Centre provides comprehensive and up to date legal information covering:

  • It is a condition of a deferred payment agreement under the Care Act 2014 that the local authority will not unreasonably withhold or delay consent to a service user’s property being let as an assured shorthold tenancy (AST) which enables an order for possession to be obtained on one month’s notice after an initial term of no more than six months, and which enables possession to be obtained on the minimum statutory notice period. Can an AST be granted on these terms given that a landlord must give two months’ notice under section 21 of the Housing Act 1988?
  • Deferred payment agreements
  • Section 21 notice
  • Section 8 notice

It is assumed that the tenancy granted by the homeowner is an assured shorthold tenancy under the Housing Act 1988 (HA 1988).

Deferred payment agreements

A deferred payment agreement (DPA) is an arrangement in which a homeowner in need of permanent residential care accommodation can meet the costs of care through a charge placed on their property. They must hold a legal or beneficial interest in their sole or principal home (or the property they used to occupy as such). The costs of residential accommodation are then met by way of a loan from the local authority (LA) and their former home acts as security. This intention is that a homeowner may avoid the need to sell their home during their lifetime to meet their care costs.

DPAs were introduced in 2015 under section 34 of the Care Act 2014. The legal charge is placed on the property and the LA agrees not to seek repayment until a later specified date. The specified date will be either when the property is being sold, or after 90 days from when the person dies, whichever is the earliest.

Under a DPA it is possible for the p

Related documents:

Popular documents