Almshouse residents
Almshouses have for centuries offered sanctuary to the poor and vulnerable but the legal status of those who occupy them has always been in doubt – until the January 2017 case of Watts v Stewart & Or.
In opening the way for a woman’s eviction from an almshouse, the Court of Appeal conclusively found that she was a licensee, not a tenant.
The woman had occupied the almshouse for over 10 years, having been appointed as a beneficiary of the charity that owned it, and was required to pay weekly rent and maintenance charges. Following numerous incidents of anti-social behaviour, the charity was granted a possession order against her by a judge.
In dismissing her challenge to that order, the Court rejected arguments that she occupied the almshouse under a periodic tenancy. The terms of her appointment made clear that she was never intended to have exclusive legal possession of the property and had only been granted a personal licence to occupy it.
The woman also argued that her lack of protection from eviction, when compared to tenants of social housing, amounted to unlawful discrimination within the meaning of Article 14 of the European Convention on Human Rights. However, the Court found that any such differential treatment was objectively justified.
Noting that there are 35,000 residents of 1,700 almshouses around the country, the Court found that granting the former security of tenure would undermine the charitable objectives of the latter. The absence of such security struck a fair balance between the interests of charities and current and future almspersons.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Electrotechnical excellence, now open for entries.
Net zero electricity grids BSRIA guide NZG 5/2024
Outlining the changes needed to transition to net zero.
CIOB Global Student Challenge 2024
Universitas Indonesia wins for second year running.
New project and cultural district described in detail.
The nature of EPCs, crticism and inaccuracies.
History, issues and redesign.
From waste recycling to energy performance the hierchy.
An introduction to WERCS and WEEE responsibilities
Dealing with 2 million tonnes of waste equipment a year.
Global BACS Market: analytics and optimisation
A BSRIA glance at building automation and control systems.
What it is and how to use it.
Types of insulating plaster by binder and insulant.
Investors in People: CIOB achieves gold
Reflecting a commitment to employees and members.
Scratching beneath the surface; a guide to selection.
ECA 2024 Apprentice of the Year Award
Entries open for submission until May 31.
UK gov apprenticeship funding from April 2024
Brief summary the policy paper updated in March.
For the World Autism Awareness Month of April.