Supported Accommodation in Wales: contracts, temporary exclusions and more
This is a long form article providing an overview of the new rules around supported accommodation and supported standard occupation contracts. The information in this article only applies to Wales.
Read our Adviser Online article ‘How renting homes in Wales is due to change for a summary of some of the key changes introduced by the Renting Homes (Wales) Act 2016 (‘the Act’).
Supported accommodation is defined within s.143 of the Act as accommodation where:-
- it is provided by a community landlord or registered charity, and;
- support services are provided to the person entitled to live in the accommodation, and;
- there’s a connection between providing those services and the accommodation
“Support services” are defined as:-
- support in controlling or overcoming addiction,
- support in finding employment or alternative accommodation
- supporting someone who finds it difficult to live independently because of age, illness, disability or any other reason.
“Support” includes the provision of advice, training, guidance and counselling.
Supported standard occupation contracts
A supported accommodation provider doesn’t have to enter into an occupation contract at all for the first 6 months if they choose not to — this is called the “relevant period.” They may choose not to enter into one to consider whether the service user will be a good fit and is engaging with support. A service user would normally be given a licence to occupy in this situation. These rules are detailed in Schedule 2, part 5 of the Act.
After the initial 6 months, the licence automatically becomes an occupation contract unless a notice is served to extend the initial relevant period. Once it becomes an occupation contract, the landlord must provide a copy of the written statement within 14 days.
If the provider is a community landlord, it will automatically become a secure contract unless notice on form RHW1 is given to stipulate it is a supported standard occupation contract.
If the provider is a registered charity but not a registered social landlord it will automatically become a supported standard occupation contract unless notice of extension is provided.
Let’s consider 2 case studies that illustrate the correct and incorrect process.
Case study — Rhys
Rhys has been residing in his supported accommodation placement for 6 months. The provider is a registered charity. He was given a licence agreement when he first moved in and he has been engaging with the service well.
Rhys has been given a written statement to notify him he will have a supported standard occupation contract. He was given this within 14 days of the 6 month period ending.
The provider has followed the correct process.
You should still go through the written statement with Rhys to ensure that all the necessary terms are included. You can find out more about challenging a term in a written statement on AdviserNet.
Case study — Alice
Alice has been residing in her supported accommodation placement for 7 months. The provider is a Housing Association. She signed a licence agreement when she first moved in but 7 months on she has not been provided with any further paperwork and comes to you for advice on her rights as she is being threatened with being kicked out.
Alice’s Housing Association supported accommodation provider is a community landlord. Community landlords have to be extra careful that they serve a RHW1 form before expiration of the 6 months mark to ensure a secure occupation contract is not automatically created.
Alice’s Housing Association did not do this therefore they have created a secure occupation contact.
If they want to evict her, they will have to use a ground based notice and issue possession proceedings. You can find out more about ground based notices on Advisernet.
Extensions
A provider that wants to extend the relevant period can ask for a further 3 month extension. This 3 month extension would be where the provider is unsure about granting the occupier with an occupation contract, i.e. if there are anti-social behaviour (ASB) or non-engagement issues.
If the provider is not the Local Authority (LA), they will first need to seek permission from the LA to extend the decision not to give an occupation contract. At the same time, they are advised they must also consult with the service user.
Once consent is obtained from the LA , they need to serve a 4 week notice prior to the initial 6 month period ending. A service user can either consent to the extension or request a review of this decision — we’ll explore reviews later in this article.
The written notice must state:-
- that the landlord has decided to extend the relevant period,
- the reasons for extending the relevant period,
- if the landlord is not a local housing authority, state that the local housing authority in whose area the accommodation is provided has consented to the extension, and
- specify the date on which the relevant period will come to an end.
There is no limit on the amount of 3 month extensions that a provider can ask for, but they do need to obtain the consent of the Local Authority (if they are not the LA) and would be subject to a review request from the service user each time. The Welsh Government has said repeated extensions may be deemed unreasonable and should be the exception.
Reviews
The service user must apply to the court for a review within 14 days of either:-
- receiving a notice for an extension
- decision by a community landlord to give a standard rather than a secure contract
The service user must apply to the Court within 14 days of receiving the notice for either a notice for an extension or to review a decision by a community landlord to give a standard rather than a secure contract.
The Court will consider the application and make an Order to either:-
- quash (set aside the original decision)
- confirm (uphold the original decision)
If the Court quashes the decision, it is as though it was never made.
The landlord therefore has two options. They can:-
- serve a further notice (the contract-holder could review this again within 14 days) or;
- accept the court’s decision and issue the written statement for the contract
Special rules for notices for supported accommodation contracts
A supported standard contract will operate in the same way as other standard contracts except that:
- the restriction of giving a landlord’s “no fault” section 173 notice within the first 6 months doesn’t apply and the minimum notice period for such a notice is 2 months rather than 6 months
- the contract doesn’t have to have a fixed term of at least 2 years in order to have a break clause
- the restriction on using a break clause notice within the first 18 months doesn’t apply
Mobility
A supported standard contract can include a term which allows the landlord to move the contract-holder to live in other rooms in the same building. This is not a new provision, it reflects the same type of powers which a licensor of supported accommodation exercised before the Act came into force on 1st December 2022.
Temporary exclusion
A supported standard contract can also include a term which allows temporary exclusion. In an attempt to give greater powers to curb anti-social behaviour within a supported accommodation setting, a landlord can ask a contract-holder to leave temporarily without getting a court order if they reasonably believe that the contract-holder has:
- used violence against any person in the dwelling,
- done something in the dwelling which creates a significant harm to anyone; or
- behaved in the dwelling in a way which seriously impedes the ability of other residents to benefit from the support.
This might include attacking other residents but also could include less immediately harmful behaviour such as barricading people in or out of areas or rooms. The contract-holder doesn’t have to intend their behaviour to have one of these effects.
This power is not supposed to be used as a punishment but as a protection for other service users without needing to evict the contract-holder permanently.
Exercising this power may result in immediate homelessness, so it should only be used when it really needs to be and there are a number of restrictions and steps which have to be followed:
- A landlord can only use this power for 48 hours at a time (unless the contract gives a shorter period) and no more than 3 times in any 6 month period (unless the contract gives more restricted rules)
- a landlord must give the contract-holder a RWH15 form explaining why they are being asked to leave either at the same time or as soon as reasonably practicable afterwards.
- the decision should be made by a manager or someone suitably experienced and senior where possible
- the landlord should first consider whether it’s possible to relocate the contract-holder using the mobility clause or use arrangements with other supported accommodation providers
The incident should be recorded in the contract-holder’s support plan and recorded in a designated Incident Log. Each provider should have a “temporary exclusions policy” that they must adhere to when exercising this function.
The idea is that excluded individuals would be deemed homeless and therefore landlords should make sure that there are good systems in place with named contacts in the LA’s homelessness department in order to minimise the risk of someone becoming “street homeless.” The practical reality given the extreme shortage of temporary accommodation will be that excluded individuals will not get into temporary accommodation, especially as LAs will know they can return after 48 hours.
Advisers should consider challenging these decisions. You can find further information on AdviserNet to challenge homelessness decisions.
Once the contract-holder returns, a “lessons learned review” should take place by someone more senior to who made the original decision within 14 days. The contact holder can request a review of the decision to exclude upon their return. This will be an internal review and is not to be confused with an appeal. It is important from an advice tactic point of view to ascertain if their behaviour is due to any vulnerability or a relevant protected characteristic i.e mental health issues — this may give rise to a Public Sector Equality Duty (PSED) argument. Whilst this may not prevent their imminent exclusion, this can prevent any further exclusions.
The decision from the panel should then be relayed to the contract-holder via the temporary exclusion review form.
Let’s consider a case study to see how this would work in practice
Case study — Emilie
Emilie has a supported standard occupation contract that includes terms for mobility and temporary exclusion. It is a drug and alcohol addiction placement and any substances/alcohol are strictly forbidden.
Emilie was caught sharing drugs with other residents and one resident took an overdose and ended up in hospital
What process would the landlord have to follow and how would you advise her?
Her landlord would first need to consider whether mobility would be an option. Moving Emilie to another room, perhaps one closer to where the support workers are or to another accommodation provider that has more 1:1 support.
If her landlord still intends to exclude her, they must serve her with a RHW15 form.
Emilie has learning difficulties and is under the dual diagnosis team for treatment of schizophrenia and heroin dependency.
Emilie should be referred to Housing Options to make a homelessness application for interim accommodation. She could also make enquiries with friends and family if she could reside with them temporarily.
Social Services may also have a duty to intervene depending on the severity of her mental health condition and any care needs she may have. You can find out more on AdviserNet about Social Services duties.
You would need to request a copy of the landlord’s temporary exclusion policy and a copy of Emilie’s support plan to see what has led to the decision being made to prepare for submissions to the lessons learned review.
Next, obtain supporting information from her treating professionals about the impact of the exclusion on Emilie (especially given the high likelihood she will be street homeless during the exclusion period). It would also be useful to refer to her mental health condition as a protected characteristic under the Equality Act 2010 and that the PSED should apply.
Once Emilie returns, a “lessons learned review” should take place by someone more senior to who made the original decision within 14 days. An Adviser should include submissions on the information about her vulnerabilities (this can be orally or in writing) and any further supporting evidence to the internal panel.
Emilie should be provided with the outcome on a Temporary exclusion review form.
Homeless interim accommodation that is also supported accommodation
There are different rules under the Act for homelessness interim accommodation, but most hostels that are used as interim accommodation will meet the “support” criteria and will therefore be supported accommodation.
If a landlord wants to use the “temporary exclusion” provision for an applicant that is owed a homelessness interim accommodation duty, the Local Authority would usually need to find alternative accommodation for the excluded period as they are under a continuing legal duty to provide interim accommodation and continue to be until such time they discharge that duty lawfully and notify the applicant in writing.
You can find out more about the homelessness legal duties on AdviserNet.
Converted contracts that were previously assured shorthold tenancies
It was commonplace pre 1 December 2022 for supported accommodation providers to only provide licence agreements but in some exceptional cases they did provide assured shorthold tenancies.
The mobility term and temporary exclusion provisions do not apply to converted occupation contracts which were assured shorthold tenancies immediately before 1 December 2022 . This is to protect those who earlier had rights of exclusive possession and could not therefore be moved around at will or excluded without a court order.
It is therefore essential to establish exactly what type of tenure the occupier had immediately before 1 December 2022.
Further resources
Welsh Government guidance on extending the relevant period
Supported accommodation: temporary exclusion guidance | GOV.WALES
Mariam Raza is a housing expert in the Renting Homes Wales Team at Citizens Advice.
The information in this article is correct as of the date of publication. Unfortunately, we are unable to respond to comments left on the medium site — please contact expertadvicesupport@citizensadvice.org.uk if you wish to give feedback on an article.
