Ending a placement is one of the most sensitive and challenging situations that care providers face. Whether driven by escalating needs, behavioural concerns, incompatibility with other residents, or the closure of a service, decisions around terminating residency can create significant legal, practical and emotional pressures.

During our recent webinar, experts from our Health & Social Care and Property Litigation teams were joined by Barrister Ben Leb of Five Paper to share practical guidance for navigating these situations safely and lawfully.

Early and Transparent Communication

As explained by our Health & Social Care team, the way a transition is handled directly influences whether it becomes a supported change or a destabilising crisis. Service users and families experience enormous stress when faced with the loss of a home, so communication is vital.

A notice to quit should never be the first time someone hears that their placement is at risk. Providers should:

• Begin conversations early with service users, families and representatives
• Explain the reasons for the proposed move and what to expect
• Work collaboratively with local authorities, social workers and advocates
• Document every communication and decision

Maintaining a structured and predictable process helps reduce anxiety and mitigates the risk of escalating behaviours linked to uncertainty.

The Importance of Legal Compliance

Care providers must balance multiple areas of law when ending a placement. As Nicole highlighted, housing law, contract law, CQC compliance and local authority commissioning all become relevant when issuing a notice to quit.

Failure to follow the correct legal process can invalidate a notice, increase risks for the provider and may even result in regulatory scrutiny. Accurate record keeping is essential and should demonstrate:

• Why a transition is necessary
• What steps were taken to resolve issues before the notice was served
• Engagement with professionals and family members
• A clear rationale for each stage of the process

This documentation becomes invaluable if matters progress to court.

Understanding the Legal Position on Notices

Rebecca Stubbs, Senior Associate in our Property Litigation team, discussed the practicalities of serving notices and pursuing possession proceedings.

Key points include:

• Residents cannot lawfully be evicted without a court order.
• A notice to quit is usually required for care home residents because they are typically licensees rather than tenants – as they share facilities with others and can be moved to another room if required.
• The notice must meet statutory requirements and be served correctly.
• Providers must consider capacity. If a resident lacks capacity, notice must be served on their attorney or deputy.
• Once the notice period has expired, the provider may issue possession proceedings if the resident has not moved voluntarily.

Rebecca also highlighted upcoming changes under the Renters Rights Act, which will abolish Assured Shorthold Tenancies from May and replace them with periodic assured tenancies, for which grounds for possession must be relied upon. This should be considered where in fact there are tenancy agreements and residents instead have exclusive possession.

Equality Act Considerations

In practice, the most complex challenges often arise under the Equality Act 2010.

Ben Leb explained that most service users will have at least one protected characteristic, particularly disability, which brings discrimination considerations into play.

Claims may arise through:

• Direct discrimination
• Discrimination arising from disability
• Indirect discrimination
• Failure to make reasonable adjustments

Even where a licence has been validly terminated, Equality Act defences can delay or prevent possession. Providers must demonstrate that any action taken is a proportionate means of achieving a legitimate aim. This requires:

• A clear record of why eviction is being considered
• Evidence of alternatives explored, such as behavioural management strategies, moving the resident within the service or seeking an injunction
• A balanced assessment of risks to other residents, staff and the individual

A well‑prepared Equality Act assessment can be decisive in litigation.

Practical Steps for Providers

The speakers emphasised several practical steps that help providers achieve the best outcomes:

• Maintain detailed, contemporaneous records, including informal conversations, risk assessments and decision-making meetings.
• Document any alternative measures trialled before eviction is considered.
• Ensure policies relating to antisocial behaviour, safeguarding, transitions and equality are up to date and consistently applied.
• Seek legal advice early where matters become complex or contentious.
• Work collaboratively with commissioners and multi‑disciplinary professionals.

Supporting Safe and Person‑Centred Transitions

Although terminating a placement is rarely straightforward, a well-managed process allows providers to protect all residents, meet regulatory expectations and support safe and compassionate transitions.

If you require advice on notices to quit, possession proceedings, Equality Act risks or managing residency issues, our Health & Social Care and Property Litigation teams are here to help.