Think Tank

Crisis of faith for RSL

How can the commission enforce such discriminatory rules?

Charities are meant to abide by their objects, but the Charity Commission can change objects where the original purpose refers to a class of persons that has "ceased to be suitable regarding the spirit of the gift". Arguably "non-Catholic" is no longer a suitable class so this charity could have asked for a scheme to amend its objects.

The commission can also make a change if it has "ceased to provide a suitable and effective way of using the property".

The commission also has to consider the spirit of the gift. It might say the original donor's view of Catholics is part of the original spirit of the gift. However, as a public authority, the commission must take account of the Human Rights Act.

The rights covered by the act must be enjoyed without discrimination on the grounds of religion.

The Human Rights Act does not confer the right to a home, but regular checks on tenants' religious practices could infringe their right to a private life. Given this, the commission would be unlikely to take enforcement action against a charity that did not check up on tenants' religion.

On the other parts of the purpose – that tenants should be aged and distressed – the Charity Commission has suggested to RSLs that they put a process in place to ensure that tenants still need the home.

This can contravene policies of offering permanent housing and building sustainable communities but, as far as I know, the commission's view remains that charitable landlords should not just let a tenancy and leave someone there forever.

For assured tenants, however, there is no ground of possession just because they cease to be within the landlord's charitable objects. So, assuming assured tenancies were being granted, it is difficult to see what purpose checking up on the tenants' age, distress or religion could serve.

Catherine Hand, Partner at solicitor Jenkins & Hand

From joint to sole tenancies

Is there a way to do it without signing the remaining party on a new tenancy, which would give automatic right to another assignment or succession?

For secure tenancies, section 91(1) of the 1985 act provides that: "A secure tenancy which is ... a periodic tenancy ... is not capable of being assigned except in the cases mentioned in subsection (3)."

The exceptions in subsection (3) are an assignment by way of exchange, with the consent of the landlord; an assignment in pursuance of property adjustment or similar court orders under the matrimonial or children legislation; and an assignment to a person who would be qualified to succeed the tenant if the tenant had died immediately before the assignment.

It would follow that the only way to effect a variation from joint to sole tenancy is by court order or by the grant of a new tenancy that will create new succession rights.

Rosemary Hart, Partner and housing specialist, Trowers & Hamlins