Advice needed on Disabled Almshouse Tenancy

Alpha47

[FONT=&quot]Does anybody understand the rules about an Almshouse tenancy? 1 year ago I moved into a disabled bungalow belonging to a charity.[/FONT]
[FONT=&quot]I had a little flat belonging to the same charity. They persuaded me to take the tenancy, saying it was perfect for me knowing my problems at the time I need to know what my rights are. The people from the charity are now complaining that I go to see my son. I am his carer, he has bad ME/CFS by it. So I spend some time visiting him. I sometimes stay over if he needs me to help (maybe up to twice a week)

I spend most of my time at home. The office seem to think because I am not at home being ill all the time, I no longer qualify for my bungalow. I should point out that I have incurable cancer of the bone marrow, I have at least 10 spinal fractures and a badly disfigured spine, and I am in pain most of the time and it hurts when I try to walk. On top of this I do not make antibodies to fight infection. [/FONT]
[FONT=&quot]The lady from the charity had me in the office last week; she was complaining I do not spend every night at home . So I am actually being told if I am not home acting really sick I will need to move. I just do the best I can to keep going.
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I have felt really unsettled since this happened because I do not feel secure where I am.

I do not understand much about these tenancies and would appreciate any advice on how to handle this.

Alpha

G_M

We would need to know what kind of tenancy this is. If it is an AST (Assured Shorthold Tenancy) the answer is simple.

However, the Housing Act 1988 which created ASTs, has a list of licences which are excluded from AST status:

(8)A licence is excluded if it confers rights of occupation in a hostel, within the meaning of the Housing Act 1985, which is provided by—
(a)the council of a county, district or London Borough, the Common Council of the City of London, the Council of the Isles of Scilly, the Inner London Education Authority, a joint authority within the meaning of the Local Government Act 1985 or a residuary body within the meaning of that Act;

(b)a development corporation within the meaning of the New Towns Act 1981;

(c)the Commission for the New Towns;

(d)an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980;

(e)a housing action trust established under Part III of the Housing Act 1988;

(f)the Development Board for Rural Wales;

(g)the Housing Corporation or Housing for Wales;

(h)a housing trust which is a charity or a registered housing association, within the meaning of the Housing Associations Act 1985; or

(i)any other person who is, or who belongs to a class of person which is, specified in an order made by the Secretary of State.

This may well apply here, in which case I fearyou may be subject to whatever rulles the Almshouse imposes.

My sympathies for your myeloma.

Mr_Pitiful

If you're living in an a charitable almshouse you will be a licensee, not a tenant and as such have much more limited rights. If a fixed term wasn't agreed they could serve you notice and then obtain a court order if they wanted to evict. Do you have a written agreement, and if so, what does it say about ending the licence?

Edit
Here's a court of appeal case which explains the legal position better than I can!

http://www.bailii.org/ew/cases/EWCA/Civ/1998/603.html

Errata

Are you still staying at your sons to this extent?

He has severe ME/CFS (for14 years) and I stay 4/5 nights a week as he cannot manage to feed himself, or to take his asthma medicine on his own

Alpha47

Thank you for your replies. I think I have a license. Just takes a meeting of the trustees (very straight laced people)

I found my agreement several pages of it. I do not think I would have many rights. I have not read through it thoroughly yet, would not look too good leaked to the press but I could not cope with that.

I did read through the court judgment and it confirms what I thought, thanks for the link.

I only stay st my sons 2/3 nights a week now.(do not know how I made that mistake) Only 2 if he is doing quite well. He still needs help in the day, means I do a lot of driving and I would rather not,

They are not happy to see me out and about. It has been mentioned that if I got better, I would need to leave. Without divine intervention I think that would be unlikely. (It would be very welcome)

The lady that runs the show was hinting at a large 1 bedroom flat on a scheme I like. I would not feel as though I am being watched all the time. I might have to take this as I do not seem to have a leg to stand on. Other option would be to get a flat from another association.
Moving back in with my son is not really a good idea, I think it is stressful for both of us. I do get some peace and quiet at the moment.

Thank you Mr Pitiful for your remark on the Myeloma. I am stable at the moment. I discovered Curcumin and it has kept my numbers down. Not sure why the bones keep breaking, probably unlucky getting osteoporosis as well.

Thanks to all.

Alpha