§ Baroness Birkasked Her Majesty's Government:
What are the criteria (including any available published documents and guidance) they use in making determinations under paragraph 5 of Schedule 1 to the Housing Act 1980.
§ The Minister of State, Department of the Environment (Lord Bellwin)Paragraph 5 (a) of Schedule 1 requires that, before granting a determination, the Secretary of State must satisfy himself that the dwelling in question is designed or specially adapted for occupation by persons of pensionable age. In doing so he has regard to the advice and guidance on the design of elderly persons' accommodation available to landlords at the time of construction or adaption. Paragraph 5 (b) requires the Secretary of State to be satisfied that it is the practice 250WA of the landlord to let the dwelling only for occupation by persons of pensionable age. In this context he has regard to past and present lettings, and to the lettings policy of the landlord.