Sheltered housing: your rights as a tenant

Sheltered housing is a home for older people. It often has a warden or scheme manager. You may also be able to use shared rooms and facilities. It helps to know your rights in this kind of home. They can differ from normal social or private renting. Knowing your rights lets you challenge problems. It also helps you get the support you should have.

What is sheltered housing?

Sheltered housing is sometimes called retirement housing. At its most intensive end, it is called extra care housing. It is usually provided by councils or housing associations. It is built for older people. This usually means people aged 55 or 60 and over. You can live on your own, but support is there on site or on call.

Common features include:

• A scheme manager, warden, or call alarm system
• Communal lounges, gardens, or other shared facilities
• Properties sized and adapted for older residents
• Peer communities of older tenants

Some sheltered housing is in the private rented sector. This includes some leasehold retirement properties. But most sheltered housing in England is social housing.

What tenancy type do I have in sheltered housing?

Your tenancy type depends on two things. It depends on when you moved in. It also depends on who your landlord is.

• Secure tenancy: older council tenants are likely to hold a secure tenancy under the Housing Act 1985
• Assured tenancy: housing association tenants are typically on assured tenancies under the Housing Act 1988
• Flexible tenancies: some more recent social housing tenants hold fixed-term tenancies

Your tenancy type sets out three things. It sets your security of tenure. It sets your right to succession. It also sets how any possession proceedings must be done.

What are my repairing rights in sheltered housing?

The same repair duties apply to sheltered housing as to other rented homes. Your landlord must keep these things in repair:

• The structure and exterior of the property
• Heating and hot water installations
• Sanitary fittings and water supply

In sheltered housing, your landlord has extra duties too. They look after the shared areas. This means the corridors, lifts, communal lounges, and gardens. They must also keep the alarm or call system working, if it is part of your letting.

Some shared areas may fall into disrepair. For example, a lift may break. Or shared heating may fail. Your landlord must sort this out. It is part of their duty to everyone in the building.

What if I need adaptations?

Sheltered housing is often built with older residents in mind. But everyone's needs are different. You may need certain changes to your flat. This could be a level access shower, grab rails, or a stair lift. You have the same rights as any other social housing tenant to ask for these. Your landlord should not refuse a fair request. The council may be able to pay for changes through a Disabled Facilities Grant.

Can I be moved or evicted from sheltered housing?

Eviction from sheltered housing follows the same legal process as any other social tenancy. Your landlord must serve a valid notice. They must get a court order. They must follow the proper steps. You cannot be removed without a court order.

Some older sheltered housing tenants are on a "licence" rather than a tenancy. This is unusual, but it can affect your rights. If you are not sure of your status, get advice.

A scheme may be closed. Or residents may be asked to move. These decisions must follow strict rules and consultation duties. If your scheme is closing, you should get full information. This includes your other housing options and the support on offer.

What should I do if there is a problem?

1. Report repair problems in writing to your scheme manager and, where needed, directly to your landlord's repairs team
2. Keep records of all communications
3. Contact your council's housing team if the landlord fails to act, particularly for safety-related issues affecting older residents

When should I contact Support for Tenants?

We help tenants with housing disrepair claims. Your sheltered housing home may have disrepair problems. If your landlord has not put them right, call us.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
• Housing Act 1985 (secure tenancies) (legislation.gov.uk)

Related articles

• Disability adaptations in rented homes