Moore and others v Care Standards Tribunal and Another: CA 24 May 2005

The claimants were residents of care homes. The homes were owned by charitable companies providing housing and support for persons with mental disorders. The company’s had altered the agreements so that the claimants became assured tenants. The claimants appealed the refusal of the respondents to de-register the homes.
Held: The appeals were dismissed. The crucial question was whether the homes continued to provide services which came within the ambit of the Act. If they did, then whether the services were provided by means of a licence or an assured tenancy would not make a fundamental difference.
Waller LJ, Mance LJ, Sir William Aldous
[2005] EWCA Civ 627, Times 30-May-2005, [2005] 1 WLR 2979, [2005] 3 All ER 428
Bailii
Care Standards Act 2000 11, Protection of Children Act 1999 9
England and Wales
Citing:
CitedStreet v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .

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Updated: 04 March 2021; Ref: scu.225230