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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

Care Homes: Beyond COVID

National Conference Centre, Birmingham
20th September 2022

The Care Show 2022

National Exhibition Centre, Birmingham
12th October - 13th October 2022

Care Roadshows - London

Epsom Downs Racecourse, Epsom
18th October 2022

The Future of Care Conference North

Pavilions of Harrogate, Harrogate
1st November 2022

Care Roadshows - Cardiff

Cardiff City Stadium, Cardiff
15th November 2022

UK Care Week

NEC, Birmingham
22 March 2023 - 23 March 2023

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