[Nick Stiven]

Sally

You can, but only if you are explicitly authorised, so you have 2 options:

Option A (cleanest):
Get a trustee (e.g. the Chair) to sign (!)

Option B (still fine):
Ensure you have minutes that say:

• The accountants have been appointed.
• The Clerk is authorised to sign the engagement letter.

Then sign as:
“[Your Name], Clerk to the Trustees, for and on behalf of the Trustees of [Charity Name].

Thereafter, you could set up delegated authority:

You would need a written scheme of delegation or standing orders saying the Clerk can:

• Enter into routine contracts (e.g. professional services) for the trust, and
• Sign documents up to a certain value/of a specific type.

Nick Stiven
clerk@stjohnswilton.org.uk

[Nick Stiven]

William

Why not help each of your non-internet-banking residents, every year in December, to draft and then send out a simple 4 paragraph letter to their bank to set up, amend or cancel their standing order, ready for January?

I have used this system for some 30 years now. It still works well enough. It’s easy to set up, using a simple mail-merged letter. And it’s a lot cheaper than DDs.

I have found it wise to give the postal system and the bank plenty of time to process the letter in their respective ways.

To this end, to save everybody the cost of stamps and ensure all the SO letters get actioned in good time, I offer to personally walk all the SO letters to the relevant bank branches in my local town. This is because, for example, all letters to any far-flung Barclays branch in the country will get actioned by any local Barclays branch, through the bank’s own systems).

This:

(a) gives me some exercise (!),

(b) ensures the SO letters are clearly and correctly drafted and get to the right place in good time, and

(c) helps out my dozen or so ‘internet-challenged’ (and, truth be told, ‘admin-challenged’) residents.

It’s actually very little trouble and, after all, only happens once a year.

Of course, it doesn’t work with Internet-only banks, but the residents who choose such banks do so because they are already internet-banking-savvy

Nick Stiven
clerk@stjohnswilton.org.uk

[Nick Stiven]

Jennifer

We asked ourselves the same question. However, if, like us, you:

• Own a small number of properties already properly vested in trustees (or the Official Custodian),

• Have no borrowing or development plans,

• Have stable governance, and

• Don’t employ staff (or only minimal clerk support),

then a CIO is probably a solution in search of a problem!

I’d be surprised if your insurance doesn’t already (or could if asked to) offer trustee indemnity insurance.

Nick Stiven
clerk@stjohnswilton.org.uk

[Nick Stiven]

Jacqui

First port of call might be the Almshouse Association website itself:

https://www.almshouses.org/wp-content/uploads/2024/04/Buzzacott-buz2092_-_09_retention_of_accounting_records_-_final-aw1.pdf

Then, have a look at:

https://www.restore.co.uk/informationmanagement/resource-hub/insights/gdpr-what-are-the-statutory-retention-periods-for-hr/

Finally, I find that, for a speedy, succinct answer, I turn more and more to either ChatGPT or Google AI.

Simply copy and paste your original question into one or other of these two (free) programs. Hit ‘enter’ (or, in ChatGPT, the vertical blue arrow) – you will be amazed at how useful an answer you will get back.

Nick Stiven
clerk@stjohnswilton.org.ukj

[Nick Stiven]

Sally

It looks like you have done all the right things so far. In particular you are aware that you have responsibility for some ‘neutralised’ asbestos that now needs managing. I don’t think you need any more specialist education/courses. You simply need to take appropriate action and this is what you should be doing:

Floor Tile Management

• Active management is needed, not just recording

• Regular Condition Monitoring
Inspect tiles annually or more often if there is a risk of disturbance
Look for cracking, lifting, and wear of the tiles in high-traffic areas
Remember that changes in condition affect the risk level

• Implement “Permit Before Work” Controls.
Contractors and volunteers must check your management plan, with its asbestos register, before any work near your hidden asbestos-laden tiles and all and must be informed of asbestos locations.
Contractors to sign to confirm they’ve seen asbestos info.
No drilling, sanding, or lifting tiles without proper controls.

• Keep the Register Alive.
Update the asbestos management plan if changes occur.
Review the register and the management plan at least annually.
Ensure the plan is a current and actively used document.

It’s all fairly obvious, when you think about it!

Hope this helps.

Nick Stiven
clerk@stjohnswilton.org.uk

• This reply was modified 2 weeks, 1 day ago by clerk.stjohnswilton.

[Nick Stiven]

Lynne

I have emailed you (via the Clerk’s email on your website, which I trust will reach you) as my answer was too long for this forum.

However in summary:

While a landlord must be safe and follow the law, a charity trustee must ALSO act in the best interests of the beneficiary, making the duty of care in a charity/beneficiary relationship higher and more fiduciary in nature.

Nick Stiven
clerk@stjohnswilton.org.uk

[Nick Stiven]

Lynne

I think you have hit the nail on the head. In answer to your question – ‘Yes. Definitely.’

Nick Stiven
clerk@stjohnswilton.org.uk

[Nick Stiven]

Lynne

We provide a digital telecare unit to all of our residents. We think this is a Good Thing.

And we can afford to do so.

The alternative (where residents live independent lives) is that residents call 999 directly in an emergency, and would need to carry a mobile 24/7 to approach the level of connectivity to call for help that a telecare system offers.. Yes – that system does work, and pretty well too, but we’ve gone for providing a ‘full bells and whistle’ provision because we think it is a rather better solution.

And we can afford it.

Nick Stiven
clerk@stjohnswilton.org.uk

[Nick Stiven]

Sarah

Did you know that,.as a charity, you can often access free or subsidised training via your local Safeguarding Adults Board (SAB) or the local authority adult social care training team. These typically include:

• multi-agency safeguarding training
• locality referral pathways
• case conferences participation training

You should ontact your local SAB for their training calendar — it’s often tailored to your area’s procedures.

Nick Stiven
clerk@stjohnswilton.org.uk

[Nick Stiven]

Christian

Have you looked at the Charity Commission’s Operational Guidance for Almshouses (OG 65) – https://khub.net/web/charity-commission-operational-guidance/resources/-/ddl_display/ddl/862921277/861774141/maximized ?

Section 1.6 says:

1.6 Alteration in the circumstances of residents

Given that beneficiaries may occupy their residence for many years, it is likely that changes in their circumstances will occur during their occupancy. Examples of such changes include:
• changes in marital status, either by bereavement, or by a new marriage;
• other changes in status, ie new partner, death of partner; death of sibling, child living with parents leaves;
• in charities with a religious qualification, change of denomination e.g. from Church of England to Roman Catholicism, or change of church attended; or
• change in financial status, e.g. a legacy.

Normally, trustees should ask a resident to leave almshouse accommodation if their change of circumstance would have disqualified him or her as an applicant if it had happened before their appointment. However, it would not be a breach of trust for them not to do so in every case. The treatment of a resident is a matter for the discretion of the trustees, and before making such a decision, they should consider relevant factors such as:
• the wishes of the resident;
• the age of the resident (and the possible unsettling effect of asking him or her to leave);
• the health and physical capacity of the resident;
• the alternatives open to the resident;
• the relative merits of any other applicants for appointment; and
• any other pertinent factors (such as possible adverse publicity).

In sum – ‘How long is a piece of string?’

Trustees are constantly comparing and contrasting ‘relevant factors’, without any obvious algorithms available much of the time – but that’s what makes being a trustee interesting!

Nick Stiven
clerk@stjohnswilton.org.uk

[Nick Stiven]

Julian

Clare and Charlotte are both right.

WMC can usually be covered by Housing Benefit or Universal Credit even though it is not rent and the resident is not a tenant. That works because HB/UC looks at eligible housing costs, not just “rent under a tenancy”.

This is because:

HOUSING BENEFIT (HB):

Under the Housing Benefit Regulations, someone can qualify if they are liable to make payments “in respect of a dwelling”, even where:
• There is no tenancy.
• The arrangement is a licence.
• The occupation arises from charitable provision.

Almshouse residents fit this category because:
• They are liable to pay WMC.
• The payment is a condition of occupying the dwelling.
• The dwelling is their only or main home.

UNIVERSAL CREDIT (UC):

UC uses the concept of “housing costs liability” rather than rent.

A liability can arise from:
• A tenancy.
• A licence.
• A condition attached to occupation by a charity.

Again, almshouse WMC fits — provided it is:
• Properly documented.
• Not discretionary.
• Payable as a condition of occupation.

WHAT PARTS OF WMC ARE USUALLY ELIGIBLE?

Local authorities / DWP will look behind the label and ask what the money is for.

Generally eligible:
• Repairs and maintenance.
• Building insurance.
• Management and administration.
• Communal services (lighting, cleaning of shared areas).
• Warden costs (if not personal care).

Generally not eligible:
• Personal care or support.
• Meals, catering.
• Laundry services.
• Personal utilities inside the dwelling.
• Medical or social care services.

Many almshouses therefore split WMC on paper into:
• Eligible housing costs.
• Ineligible service elements.

This makes benefit decisions much smoother.

However, for most small almshouses, these distinctions are irrelevant as they are incapable of offering any of the ‘ineligible service elements’.

WORDING MATTERS A LOT

Good wording (which helps benefits & avoids tenancy risk) includes:
• “Weekly Maintenance Contribution”.
• “Contribution towards the costs of maintaining and managing the almshouse”.
• “Payable as a condition of occupation”.
• “This is not rent and does not create a tenancy”.

Risky wording includes:
• “Rent”.
• “Arrears of rent”.
• “Landlord”.
• “Tenant”.

Benefit officers will often still pay HB/UC even if wording is sloppy — but you’re relying on goodwill rather than being on a solid footing.

TYPICAL BENEFIT DECISION LOGIC (SIMPLIFIED)

The council / DWP asks:
1. Is the claimant liable to make payments?
2. Are the payments required to occupy the dwelling?
3. Is the dwelling their home?
4. Are the costs housing-related rather than personal?

If yes, then the WMC payments represent eligible housing costs, regardless of tenancy status.

Nick Stiven
clerk@stjohnswilton.org.uk

[Nick Stiven]

Julian

Your annual WMC total, plus any investment interest, should, ideally, cover your annual running costs. Your major refurbishment projects should, probably, be funded from.any ERF or CMF. One would hope, if course, that you would strive at all times to keep your costs down.

Your WMC, expressed as a monthly amount, should have an upper limit equal to your local Fair Rent.

Holding your WMC down, such that you don’t cover your costs, is most unwise. If your WMC is below your area’s LHA, then you can, I think, presume that those eligible for LHA, will receive it. And those that don’t qualify will have sufficient private means. Both groups should be able to pay their WMC, therefore.

So, your idea of raising your WMC to actually meet the cost of housing and looking after your residents is spot on.

Your problem is the same as we had a few years ago. The previous heirarchy unwisely kept WMC levels artificially low ‘because of COVID’. However, neither running costs .nor LHA were reduced by COVID – indeed, the Ukraine War raised many costs, especially for energy. One consequence was that we had to skimp on maintenance to keep solvent.

Like you, we are now having to ‘play catch up’, raising WMC by at least 10% a year to straighten out our finances.

We started by holding a very frank ‘Town Hall’ meeting involving the Chairman, me and one or two trustees, explaining the situation to all our residents. Some of the figures quoted were that costs had gone up 40% over the past 10 years, but WMC had only risen by 25%, at the expense if the charity’s infrastructure. We also pointed out that the State Pension had risen by 100% in that time and that LHA, for those eligible, comfortably exceeded our WMC.

We then spoke in more detail about LHA and that this was available for all residents in financial hardship – and we would help them contact the local council if necessary.

We also spoke of our plans to improve our neglected infrastructure – ie the WMC was going to be applied to good purpose.

After 3 unwelcome, but necessary, ‘step change’ WMC increases, we plan to slightly reduce the rate of annual WMC inflation. But we nade the point that WMC would, in future, continue to rise – we would have no more naive ‘WMC holidays’, followed by further, enbarrassing, step-change increases when we belatedly realised that our costs never, ever, took ‘holidays’.

‘Honesty is the best policy’ here. Nobody likes to have to pay more than they’re used to. But if you make a good financial plan, explain it clearly, and stress that it’s all being done for the ultimate benefit of the residents – and that the State will support the poorest residents through LHA, you should be fine.

Yes, it was embarrassing to have to ‘fess up’ to our historic naîvety – but there you go!

Nick Stiven
clerk@stjohnswilton.org.uk

[Nick Stiven]

Liz

Yes. We provide Warden and site management services to a lodger outpost of 12 flats belonging to another almshouse charity. It’s carried out in accordance with a Contract for Warden Services which has run successfully since 1997.

Our lodger charity pays its own unique bills (eg ARC TV licences and resident/flat specific renovation and maintenance charges) and their residents are responsible for their own utilities contracts. Meanwhile, we apportion site-wide costs (Warden costs, of which there are several; cleaning of communal areas; and grounds maintenance) between us.

We have two ‘funnies’: the block in which our lodgers live is also shared by some of our residents, but has only one water meter and one ‘communal areas’ (ie foyer/stairs/landings) electric meter.

Thus, while we apportion site-wide shared costs by the fraction of the total number of units on site that each charity has, we apportion the cost of ‘communal water’ and ‘communal electricity’ in that one shared accommodation block by the fractions of the total number of flats in that block that each charity has.

I tally up the costs as we go through the year and issue a quarterly bill to the lodger charity. They, to even out their cash flow, pay us a regular amount each month, so that the quarterly charge is not too much of a hit.

Happy to share more details.

Nick Stiven
clerk@stjohnswilton.org.uk

[Nick Stiven]

Charlie

We have appointed single persons, married couples and unmarried couples. In every case, every person living in our almshouses has been individually and separately assessed as a potential beneficiary. If any couple (whether married or unmarried) is appointed, it will be because each person involved is qualified in their own right and each will be given an individual licence to occupy.

If a partner then dies, or a couple were to split up, the surviving partner (or the partner who chose not to leave after a split-up) would remain as a qualified beneficiary.

We have had (qualified) widows remaining with us after their spouse had died, with no problems. So far, no unmarried couples have separated. We think, perhaps, that we make careful choices when they are selected.

Nick Stiven
clerk@stjohnswilton.org.uk

[Nick Stiven]

Richard

My research says that, for most almshouse grant charities in England, the retention periods for grant applications would be:

* 6 years for successful applicants.

* 2 years for unsuccessful applicants.

* Thereafter, you should anonymise any data retained for long-term statistical tracking (because anonymised data is no longer ‘personal data’ under GDPR), and

* Document all this in a Retention Policy (ie Why you retain what you retain, why the periods you retain data for are proportionate, and why deletion any earlier would prejudice the charity).

Hope this helps

Nick Stiven
clerk@stjohnswilton.org.uk

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