Q&As

My client owns a nursing home and one of the residents (who has sufficient funds) stopped paying their fees 18 months ago when they discovered the local authority paid other residents’ fees. The local authority refuses to help find the resident an alternative place. My client will pursue recovery of the debt and wishes to return the resident to their own home. The resident will not be able to manage at home and my client does not wish to be liable for any accidents that occur. Can the nursing home remove the resident?

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Published on LexisPSL on 24/07/2020

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • My client owns a nursing home and one of the residents (who has sufficient funds) stopped paying their fees 18 months ago when they discovered the local authority paid other residents’ fees. The local authority refuses to help find the resident an alternative place. My client will pursue recovery of the debt and wishes to return the resident to their own home. The resident will not be able to manage at home and my client does not wish to be liable for any accidents that occur. Can the nursing home remove the resident?
  • The duty to promote well-being
  • The duty of enquiry

My client owns a nursing home and one of the residents (who has sufficient funds) stopped paying their fees 18 months ago when they discovered the local authority paid other residents’ fees. The local authority refuses to help find the resident an alternative place. My client will pursue recovery of the debt and wishes to return the resident to their own home. The resident will not be able to manage at home and my client does not wish to be liable for any accidents that occur. Can the nursing home remove the resident?

The arrangements between a capacitous individual and their care provider are usually subject to written contract which will determine the basis for occupation usually by tenancy agreement or licence. Termination of these arrangements is also usually governed by the contract and will specify the basis on which the occupation can be ended by either side. See Practice Note: Nursing and residential care contracts.

If the relevant contractual termination

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