Live in carers in leasehold retirement property: are they sub-tennants, and does the age restriction apply?

[pauldee]

My mother lives in a retirement home which has a lower age limit of 60 for residents. She is leaseholder on the property. She now requires live in care, so we have employed an agency to supply carers on a weekly shift. This is all working out well and I believe it to be te best option. The warden did mention to me once that they "don't really allow it" but has generally turned a blind eye.
I have recently received a letter from a law firm who claim to represent a company I have not previously heard of, but of which the retirement home company is listed as a former secretary.
The letter is demanding a payment of £150 to apply fo rthe right to sublet. Does having a live-in carer count as subletting? We are paying them, not the other way around, and it is not their primary residence. Even if it did count as subletting, I don't believe I need to go through this company, but can apply to the freeholder direct? It does state in the contract that I need permission to sublet.
What does worry me is that it does say we cannot sublet to anyone under the age limit, there is another section that say we should "Not occupy or permit the occupation of the Premises or any part thereof by any person under the age limit...". Bearing in mind this would stop any visitation from me, my mother grandchildren, or great grandchildren.
Is this going to be a potential problem? Can they prevent live in carers?

 

[Louise7]

Hello @pauldee based on what you have posted I think it would be best to seek professional/legal advice from someone who is able to go through the content of the lease. Both the Citizens Advice Bureau and Age UK might be able to help and will have experience of housing issues:

https://www.ageuk.org.uk/information-advice/money-legal/legal-issues/legal-advice/

Finding free or affordable legal help

Find out how to get legal help if you're on a low income, including advice from a law centre or legal aid solicitor, and trial or tribunal representation by a pro bono barrister.

www.citizensadvice.org.uk

 

[nitram]

Agree get advice from CAB or AgeUk

For info

 

[damplink]

My mother lives in a retirement home which has a lower age limit of 60 for residents. She is leaseholder on the property. She now requires live in care, so we have employed an agency to supply carers on a weekly shift. This is all working out well and I believe it to be te best option. The warden did mention to me once that they "don't really allow it" but has generally turned a blind eye.
I have recently received a letter from a law firm who claim to represent a company I have not previously heard of, but of which the retirement home company is listed as a former secretary.
The letter is demanding a payment of £150 to apply fo rthe right to sublet. Does having a live-in carer count as subletting? We are paying them, not the other way around, and it is not their primary residence. Even if it did count as subletting, I don't believe I need to go through this company, but can apply to the freeholder direct? It does state in the contract that I need permission to sublet.
What does worry me is that it does say we cannot sublet to anyone under the age limit, there is another section that say we should "Not occupy or permit the occupation of the Premises or any part thereof by any person under the age limit...". Bearing in mind this would stop any visitation from me, my mother grandchildren, or great grandchildren.
Is this going to be a potential problem? Can they prevent live in carers?

I have been in a similar situation with no issues - but we didnt tell anyone! Given they have found out some legal advice is prob a good idea tho - good luck !