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Lease extensions in the care sector

Tom Lumsden, a partner at CooperBurnett LLP, looks at lease extensions in the care sector

There are significant numbers of care home residents who hold leases which give them far greater rights than care home operators realise. Tom Lumsden, a partner at CooperBurnett LLP, looks at lease extensions in the care sector

Many care home owners may be wondering why lease extensions are relevant to their business, given that residents usually occupy under the terms of a personal care contract, and are effectively given a licence to occupy. This is a contractual right to use and occupy, rather than any interest in the property itself (the difference being that a lease or tenancy creates a legal interest in the ‘bricks and mortar’ of the resident’s home, a care contract does not).

There are significant numbers of care home residents who hold leases and other forms of tenancies, particularly in the context of sheltered housing. It is important that care home operators are aware of not only their own rights and remedies, but also those of the residents. Those rights may be far greater than care home operators realise.

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Upcoming Events

FREE Webinar: Care Trends Report Launch – Let’s Talk Facts and the Future of Technology

Online
Tuesday 6th June 2023

Care & Occupational Therapy Show 2023

Westpoint Arena, Exeter
Wednesday 12th July 2023

The Care Show 2023

National Exhibition Centre, Birmingham
11th October - 12th October 2023

Care Roadshows - London

Epsom Downs Racecourse, Epsom
17th October 2023

Dementia Summit

The King’s Fund, No.11 Cavendish Square, London, W1G 0AN
Tuesday 31st October 2023

Care Roadshows - Cardiff

Cardiff City Stadium, Cardiff
14th November 2023

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