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This section explains your rights if you live in supported accommodation. Your rights will depend on the kind of accommodation you are living/or staying in and what kind of support you receive. If you are living in a care home, in addition to your tenancy or occupancy rights, there are minimum standards that the home must meet.

What is supported accommodation?

Supported accommodation can vary widely. For example, supported accommodation may be:

• a house or flat where you receive support from social workers or other organisations
• sheltered housing
• a care home or nursing home
• a hostel or rehabilitation centre.

Your rights will depend on the kind of accommodation you live in and who your landlord is.

How do I work out what my rights are?

Working out your tenancy rights if you live in supported accommodation can be complicated. If you're not sure about your rights, talk to an adviser at a Shelter advice centre or Citizens Advice. They will be able to look at your individual circumstances and explain your rights to you.

Do I have a tenancy agreement or a licence agreement?

When you moved into your supported accommodation, you should have been asked to sign an agreement setting out your rights and responsibilities. This should explain to you what kind of tenant or occupier you are.

Tenancy agreements

You will probably have a tenancy agreement if you rent a house or flat, or you occupy at least some of the accommodation exclusively (for example, a bedroom), and the accommodation is the main element in the supported package.

What are my rights?

Your rights will depend on the kind of tenancy agreement you have:

• If you rent your supported accommodation from a private landlord, you will probably have an assured shorthold tenancy or an assured tenancy.
• If you rent from the council, you will probably have a secure tenancy.
• If you rent from a housing association, you will probably have a housing association assured tenancy.
• If you share accommodation with your landlord, you will probably be an excluded occupier.

You should check your tenancy type if you're not sure what kind of agreement you have.

Licence agreements

You may have a licence agreement if:

• you rent a room in a group home run by a housing association/charitable association where you share communal rooms (for example, a bathroom or living room) with other people
  
• the main purpose of your stay is to receive support (for example, if you live in a rehabilitation centre, a hostel, or a hospital).

What are my rights?

In this case you will probably be an excluded occupier, with fewer rights than a tenant. This is especially likely if you are only staying there temporarily.

Rights in care homes

If you are living in a care home, it should be registered with the Quality Care Commission. A care home can be a residential or nursing home offering support to:

• older people
• people with drug and alcohol problems
• children and young people
• people with disabilities
  
• people with learning disabilities
• people with mental health problems.
  

The physical standards of the accommodation and your rights and responsibilities as a resident should meet the national care standards.

Physical standards

• The premises must conform to all health and safety standards.
• The home should be clean, hygienic and light, and the décor should be in good order.
• Bedrooms and washing facilities must meet minimum size requirements, with space for you to move about.

Lifestyle and care standards

The national care standards ensure that you have the right to:

• a written agreement in a format you can understand that outlines your occupancy rights and the terms and conditions of your residence
• be treated with dignity and respect at all times
• have your privacy and property respected (for example, to have a lock on your bedroom door and for staff to knock and wait for permission to enter)
• make informed choices about your life in the care home, how you spend your time and how you receive support
• feel safe, secure and free from bullying, harassment and discrimination
• make complaints without worrying about the consequences.

These are just a few of the national care standards. You can find out more from the Quality Care Commission.

What if my care home doesn't meet the standards?

If you don't think standards are being met in your accommodation, you should first use the in-house complaints procedure to complain to staff at the home. If you aren't satisfied with their response or feel your complaint hasn't been taken seriously, you can make a complaint directly to the Quality Care Commission.

Where can I get help and advice?

If you are concerned about your rights or have been asked to leave your accommodation, your local Shelter advice centre may be able to help. Many of our local services have advisers specialising in disability and/or care needs, debt and welfare benefits as well as housing. Alternatively, Citizens Advice or another advice centre in your area may be able to help you. Use our directory to find local services.

An adviser will be able to look at your situation, explain your rights and help you sort out any problems you have with your accommodation.

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