Private Landlord- rights to evict current service provider.

Tiffany Cobbledick 16/10/19 General Housing Topics

I am a private landlord and currently in the process of opening my own independent supported living service and would like to oust the service currently being provided by another bigger company? Does anyone have an understanding of the rights of the current service provider? Please note they are NOT leasing the property and my tenants are the service users (I only collect LHA rates).

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Marie St-Mart 17/10/19

I don't think you can evict the service provider and take away his service user clients from him/her. If you evict the service provider they will have a right to remove all the service users from your property.

Tiffany Cobbledick 17/10/19

Thanks for your reply Marie, my understanding is that the tenants will have a right to choose where they live, you see they are all quite settled, there has already been a change in provider due to a business sale a year ago and all tenants decided to stay with the current company due to location. Legally they will have the choice to remain with us as a new provider or be placed elsewhere with the current company?

Leslie Kirkham 17/10/19

If the service provider was contracted by Social Services or CHC to provide that service then only they can cancel that contract and I suspect that they would not contract you if you are not CQC registered and are not on their preferred providers list.
Where did you get your tenants from? Did social services contact you as a private landlord to house them and did they explain that a service provider will be supporting them in your property?
Do you have a Service Level Agreement with the provider?
If the tenants are using the Direct Payment route then they most certainly have the right to dismiss their current provider but there again do they want you to provide that care? If so please remember that they can also dismiss you too.

Marie St-Mart 17/10/19

Yes that is correct Tiffany most tenants can decide to move property but you need to think carefully of your intention of turning the tenants as your service users. Care package can be in several ways, Direct payment the Service Users choose their own service providers and the LA will have nothing to do with them. Care package via Social services they will allocate one of their approved service providers to cater for the service users care and support therefore a contract would have been put in place between the service providers and the social services same with the Continuing Health Care.

The Service Users can only have a choice legally to remain with you as their new service provider if their care packages are from Direct Payments which mean they are dealing with their own care package.

If any of those service users need Personal Care you will definitely need to register with the CQC as it is one of the "Regulated Activity"

Hope this helps.