Extra Care Termination Conditions
I am looking for examples of conditions in leases that allows the landlord to terminate the lease should the leaseholder develop health conditions that cannot be managed in an extra care setting.
Hi Jane
Do you have a particular health condition in mind?
I have heard of very vague 'health conditions' in leases for leasehold retirement housing but as far as I know this was never enforced.
It is my personal view that there shouldn't be any tenancy /lease terminatin clauses on the basis of health and that the majority of health conditions should be managed at home, along with palliative and end of life care. Of course, if a nursing home setting is the best place for the resident then health and/or social care professionals should have already been involved and can work with the resident and their family to make a best interest decision, either informally or formally.
Where I have experienced residents who were reluctant to move into nursing care despite thier health needs not being able to be met in the community, the residents' fears and worries abut their future were allayed enough by discussing their options to allow a successful move - and gthe residents felt it was very much their decision to move.
Cathie Lockhart
I agree with Cathie. The whole concept of extra care is that the person can live out their life in their home, with the care they need to enable that being provided, either by the scheme staff or externally. Introducing such a clause would give a clear message that the scheme will not 'tolerate' people with higher care or health needs - the opposite of what people move for.
Cathie is right.
The purpose of the development of Extra Care housing was to put an end to the fear held by many older people, that they would 'be put in a care home' when all they wanted to was to end their days in THEIR home. The development of Extra Care Housing as I understood was that it ended the need for another move in later life.
If there are termination conditions based on health incorporated into leases it will disuade older people from moving into such properties. Failing health is a reality in later life and to have that used against you would put most thoughtful potential tenants off.
It may be helpful to think of an exit or transition strategy rather than exit / termination criterion.
In that way a confidence is given that there are no pre-determined criteria and the aspiration of a home for life is left intact. It would also generate confidence that a thoughtful approach has been adopted to help individuals who may be struggling, and may wish to consider whether it is better to remain in extra care or whether a transition to a different setting might meet their needs better (either temporarily or permanently).