Renting Homes: The Final Report - Law Commission

Exclusion of short term provision from the statutory scheme
10.11 Notwithstanding the general objective of including supported housing in the
scheme, the draft Bill excludes supported accommodation from the scope of the
scheme when it is intended to be provided for a period of four months or less. 6
This is designed to exclude respite accommodation and accommodation provided
whilst a landlord assesses the needs of a client before providing them with
longer-term accommodation.
10.12 During this period the normal rules about, for example, the provision of a written
statement of the contract will not apply. This does not mean that landlords cannot
provide their clients with some statement of their rights and obligations. In
practice many do, if only to make clear what the particular house rules are. For
example, many schemes explicitly prohibit alcohol or drug use on the premises,
and make it clear that breach of such a rule will result in loss of the
accommodation.
Exclusion of supported housing accommodation from the requirement to
enter into secure contracts – the enhanced management period
10.13 The scheme also enables supported housing provided by community landlords to
be excluded from the general requirement that they provide accommodation
under secure contracts. 7 The exclusion is, however, time limited. Initially it lasts
for up to two years, and can be extended in particular circumstances that are
outlined below. During this period, the landlord will enter into a modified version
of the standard contract, known as the supported standard contract. 8 The Bill
does not prevent a community landlord offering a client, who has made good
progress and demonstrated a capacity to live fully independently, a secure
contract before the end of the two-year period.
Tools available to the managers of supported housing
10.14 The two-year period is defined in the Bill as the enhanced management period. 9
During the enhanced management period two specific management tools are
available: exclusion and mobility.
EXCLUSION
10.15 The first of these recognises that many landlords must be able, without delay, to
temporarily remove a resident who is behaving violently or in a way which
endangers themselves or someone else in the accommodation. At present this is
achieved in practice because supported housing managers use licences which
they think – often incorrectly – entitle them to evict such a person without going to
court.
6 Sch 1 para 13.
7 Sch 2 para 2.
8 Cls 76 to 78, 94 to 97.
9 Cl 95.
140