Under occupation and adaptations “under contract”

Hello,
as a housing provider it is now coming to our attention that some tenants who have had major adaptations were asked to sign an agreement whereby if they move within a given timescale (such as 5 years) then they will have to pay back the grant.

Ok…so how does this sit with under occupation - some tenants are damned if they do move to a smaller property and damned if they don’t….

any thoughts?

: )

Elaine

Hmmm…. Creeks and paddles spring to mind on this one. I read something similar on T’internet 10 days ago and there is currently no particular provision for this type of situation.
The Coalition have said that they can look at certain cases with regard to exceptions in exceptional circumstances, but this hasnt been ratified by any regulations or law whatsoever at the moment.

They should scrap the whole bloody thing IMO, but not hopeful.

I have some clients in the same situation. I’m raising the case as a case study at a meeting with local councillors tomorrow. I’m intending to request DHP for the clients for the duration of the 5 year period (they have 2 years yet to run). I agree it’s daft. Leaving aside the issue of the logistical problems they will have in moving, etc (and the lack of suitable alternative accommodation) they will need any propery they move to adapted in the same way as the current one (so it will be a whole load of additional expense for everyone). Utterly ridiculous.

I’d be interested to know what comes out of your council meeting…please let us know.
Thank you
Elaine

Will do Elaine

Under the general consent 2008 a local authority can ask an owner-occupier to repay a DFG if they move within a period of ten years.
See http://tinyurl.com/cq66br3

However this provision only applies to those with an “owner’s interest”. It is my understanding that a repayment condition can be attached to a tenant’s DFG with the specific consent of the Secretary of State.  So it may be technically possible but I have my doubts that this will have been done in many cases.

There is a seperate statement that tenants need to make at the time of application (as part of the tenants certificate), saying that the intention is that they or the disabled occupant will live in the dwelling as their only or main residence throughout the grant condition period i.e. 5 years, or for a shorter period as their health and other relevant circumstances permit. This is their intention at the time of application and must remain so until the completion of the works.  However, all sorts of circumstances might change after completion of the works funded by DFG which means they can no longer occupy the property. The crucial thing here is that a change in their intentions after completion of the works should NOT give rise to repayment of DFG.

This is made explict at paras 43-44 of ANNEX B ‘Delivering Housing Adaptations for Disabled People: A Good Practice Guide’ June 2006 Edition. See http://tinyurl.com/bqepfxx.

Hope this helps.

Thanks- this could be very useful.

I raised the issue as planned with some local councillors yesterday. They expressed a suitable measure of shock, disgust and incredulity so hopefully something will come of it.

Thank you all for your comments; all very helpful :)