Legal & rights

Care Home Contracts: What to Check Before You Sign

Care home contracts — what to check before you sign, from fees and notice periods to fair-terms rights.

A care-home contract is a significant financial and legal commitment — often signed at a stressful, emotional time. Before you put pen to paper, here's what to read carefully and the questions to ask.

Once you've found the right home, the contract (sometimes called the "terms and conditions" or "residency agreement") sets out exactly what you're paying for and on what terms. Good homes have clear, fair contracts. Taking an hour to read it properly — and getting anything vague put in writing — can save real money and heartache later.

Get it in writing, and take your time

You're entitled to a written contract before or when care begins. Never rely on a verbal promise — if the manager assures you of something ("we won't put fees up mid-year", "your room's kept if you go into hospital"), ask for it in the contract. Don't feel rushed: it's reasonable to take the contract away, read it calmly, and ask questions before signing.

The clauses that matter most

Seven things to check 1What the fee includes and excludes (extras add up) 2When and how fees can rise, and how much notice 3Notice period to move out (either side) 4Fees charged after a death (how many days?) 5Deposits & admin fees — how much, refundable? 6What happens during a hospital stay or absence 7Top-up fees — who pays, and what triggers a rise
If any of these isn't crystal clear, ask before you sign.

What the fee covers

Check exactly what the weekly fee includes — and what's charged as an "extra". Chiropody, hairdressing, outings, newspapers, escorted GP visits and some activities are sometimes billed on top. Ask for a full list of typical extras so there are no surprises.

Fee increases

Contracts should say when fees are reviewed (usually annually), how increases are calculated, and how much notice you'll get. Be wary of terms allowing large or open-ended rises at short notice.

Notice periods and fees after death

Look at how much notice is needed to leave, and — a distressing but important detail — how long fees continue to be charged after a resident dies (often a set number of days to clear the room). These vary between homes and should be reasonable.

Deposits, top-ups and who's liable

Understand any deposit or advance payment and whether it's refundable. If a third-party top-up is involved, be clear who is agreeing to pay it, how it can change, and what happens if it can't be paid. Never sign as the person liable for fees unless you fully intend to be — get advice if unsure.

Whoever signs "as liable for the fees" can be personally responsible for paying them. If the resident is funding their own care, it's usually better for the resident to sign (or an attorney under a financial LPA) — not a relative in their own name.

Your rights: contracts must be fair

Care-home contracts are covered by consumer protection law, and the Competition and Markets Authority has issued guidance homes must follow. That means terms must be fair and clearly worded, upfront pricing information should be provided, and certain practices — like large fees charged for an extended period after a death, or unfair "pay in advance" demands — can be challenged. A term that's unfair may not be legally enforceable.

Before you sign — a quick checklist

  • Read the whole contract; don't skim the fees section.
  • Get every verbal promise written in.
  • Query anything vague or one-sided.
  • Check who is signing as liable for fees.
  • Consider legal advice for high-value or complex arrangements — a solicitor can review it, and organisations like Citizens Advice or Age UK can help.
💬 Still comparing homes? Use our viewing checklist and guide to choosing a care home before you reach the contract stage — or ask Bart what to watch for.

Frequently asked questions

Can a care home put fees up whenever it likes?

No — increases should follow the contract's stated review process, with reasonable notice, and terms allowing arbitrary or excessive rises may be unfair and unenforceable. If a rise seems unjustified, ask for a breakdown and, if needed, raise it as a complaint.

How long can a home charge fees after someone dies?

Homes may charge for a short, reasonable period to clear the room, but regulators have said very long post-death charging periods can be unfair. Check the exact number of days in the contract and challenge anything that looks excessive.

Should I sign the contract on my relative's behalf?

Only if you understand the liability. If you have a financial lasting power of attorney you can sign as their attorney (acting for them). Signing personally can make you liable for the fees, so take advice before doing so if you're unsure.

CS

Claire Saltwater

Editor · AskBart

Claire Saltwater is AskBart's Editor and a care-home industry veteran. One of AskBart's earliest team members, she has spent years working in and around social care — so she understands first-hand the difficult, often overwhelming decisions families face when choosing a care home. Claire writes and edits AskBart's advice guides with one goal: clear, genuinely independent information, free of jargon and sales pressure. Away from her desk she loves a good farmers' market and time with her two young children.

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