This article has been provided for member charities by Association panel consultant, Birketts LLP, a full service law form that cover the regions of East Anglia, London, South East, South West.
Can the trustees of a charitable almshouse charity let someone in need live in an empty almshouse, even if they do not meet the criteria for residence?
We are often asked this question and you can easily see why. In many parts of the country, there is a real and pressing housing shortage, and almshouses can play a vital role in alleviating some of the pressures that can be caused by that shortage. Surely, allowing an individual in need to live in an empty almshouse is for the greater good and therefore OK?
The legal framework trustees must follow
But as is so often the case, these things are rarely that straightforward. As you may know, charitable almshouses are required to operate only in furtherance of their charitable purposes for the benefit of the public. For anyone unsure as to what their charity’s purposes are, you will need to check the governing document for any description of purposes, objects or more generally how any property held on trust is to be applied.
Challenges with outdated or restrictive governing documents
Many of the almshouse charities we work with were established with very old and/or restrictive provisions about who should be permitted to live in the almshouses. They also often have detailed provisions stipulating how any income of the almshouse charity is to be applied. For example, we have seen almshouse charities with use of income provisions that were drafted before the advent of the NHS and required the income to be used to pay for the residents’ medical expenses. Once the NHS arrived, there was much less call on the funds for this purpose and as a result, a significant amount of money built up. In a similar vein, we have seen almshouse charities with very narrow criteria for residents; think old widows of good character who have resided within a mile of the almshouses for many years and attend church regularly, type provisions. In practice, narrow or out-of-date provisions can mean that the almshouses are either regularly empty or filled with residents who did not meet the criteria, which is technically a breach of the governing document by the trustees.
Reviewing and updating charity provisions
To guard against this and ensure that your charitable almshouses are addressing the needs of your local area and having a beneficial impact, trustees should regularly review the objects concerning use of income provisions, and consider whether any changes are needed. Even if there is no power of amendment in the governing document, there are statutory powers of amendment that trustees can usually rely on to make these changes. Any changes to either of those provisions require the Charity Commission’s prior consent. The Commission will want to know that the proposed changes are similar to the purposes being altered and necessary in light of current social and economic circumstances. Whilst going through that process can be time-consuming, ultimately it will help your charitable almshouses to better meet the needs of your local communities for many years to come.
posted 6 May 2026
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