How can they pay for care?
I am dealing with the family of an 80-year-old widow of rapidly degenerating health. It is unsafe for her to live at home and her family wishes to put her into residential care. The lady and her husband took out a loan against their property some years ago in one of these special schemes set up to tempt the elderly. The loan company won't reveal details but it appears the repayment will take most of the equity tied up in the house. The family want to use this equity to pay for care as their local authority has a lengthy waiting list and they cannot afford to pay themselves. What's the legal position?

If the loan agreement is legally binding, its terms must be discharged before the property or any proceeds from its sale can be used for any other purpose.

The loan company is within its legal rights not to reveal details of the loan to the lady's relatives, unless they hold an enduring power of attorney – set up before any decline in the lady's mental health – appointing them to act on her behalf. But they could gain access to her affairs by obtaining receivership from a court or the Public Guardianship Office; they must prove the lady is incapable of managing her own finances.

The family can also apply to the local authority's social services department for assistance. It will assess whether she qualifies for care. If she does, provided her income does not exceed £19,000, the authority has a legal duty to assist with the cost of care.
Stephen Boyo, National policy officer (housing, regeneration and crime) at Age Concern

Possession and the law
Is it true that if a resident does not pay the new Supporting People charge, this does not give us grounds for possession? If so, how should we proceed?

Some tenants receiving support will be liable to pay a charge. These will be people receiving long-term support including sheltered housing. Any tenants receiving full or partial housing benefit will be exempt and any earned income will be disregarded from a means test.

Two charging methods have been put forward. The first is that the local authority has a contract with the individual and is responsible for collection of the charges. The second is that support is part of the tenancy and the landlord is expected to collect it. This assumed collection would be netted from the Supporting People grant paid by the local authority. Under this model, the landlord could take legal action for non-payment of rent or service charge. It was assumed this would only apply to sheltered housing but now it appears the Office of the Deputy Prime Minister would prefer it to be used for all permanent supported housing as well.
Mark Austin, Head of supported housing, London & Quadrant

Can I avoid high legal fees?
I am a manager in a small housing association that can't afford high legal fees. Can we take people to court for nuisance cases without using solicitors?

Why do you think you cannot afford to take legal action when the cost of doing nothing might lead to a greater expense?

Think what message this sends out. Showing yourself to be a firm but fair landlord with the capacity to act quickly may well prove cost-effective.

There are examples of legal action being taken by social landlords without recourse to solicitors. New Downlands Housing Association successfully obtained an injunction, for example.

But fees may not be as high as you think: if you are a fellow or corporate member of the Chartered Institute of Housing, Arden Chambers offers preferential rates via the website www.housinglawdirect.com.
Tim Winter, National organiser, Social Landlords Crime & Nuisance Group

Notice for service tenants
We are a managing agent in London. Under our restructuring programme for Supporting People, we may need to ask many of our service occupants employed with tied, rent-free accommodation to leave at short notice. We have only recently notified them and the consultation process has, effectively, been one meeting.

Some occupants have been resident for more than eight years. In view of the current lack of affordable housing in London, what would be a reasonable notice period? Should a service occupant refuse to leave, do we need to obtain a court order? As this change will inevitably mean the loss of their principle homes, can our partner RSL or local authority help them to secure move-on accommodation? What duties, legal or otherwise, do we as employers owe to our service occupants – on redundancy packages, for instance? Given they pay no rent, can you suggest a formula to work this out?

Service tenancies are notoriously difficult and you will need to be fully conversant with the tenancy agreements and contracts of employment. Similarly, as you are managing agents, you will need to be sure there are no protective caveats against this action. In terms of broad principal, the tenancy is tied to the individual's employment and would therefore expect termination of the tenancy to reflect the contractual employment notice. A month is quite common in London – not long to find alternative accommodation – so you will need to use your contacts with other local authorities or RSLs. Most will accept that the individuals are unintentionally homeless and give them high priority for re-housing. If a tenant doesn't want to go, a court order is a last resort.

In terms of duties, you are obliged to consult with those adversely affected, particularly in respect of employment. You can only make severance payments in line with employment contracts, which are likely to have set salary levels taking into account the "free" rent. Should you wish to enhance a severance payment to reflect rent, you would need regulators' approval.

Should any individual need to stay in the property beyond the termination of employment, a shorthold tenancy may provide some flexibility.
Pete jeffery, Director of human resources, Anglia Housing Group