Illegal possession due to tenant being sectioned?Make Text Bigger
A friend of mine was compulsorily sectioned under the mental health act two days ago following a failed suicide attempt. This followed an incident at the beginning of the week where he had an alcohol related mental breakdown and caused criminal damage to a neighbour’s car.
As a result, the landlady demanded he leave his flat within one week without having served any notice whatsoever. Already in a fragile state, this tipped him over the edge causing him to attempt suicide.
I am now trying to sort this matter out and need to establish if she has any grounds to evict him at short notice. He is on a one month rolling periodic tenancy and there are no rent arrears.
Clearly if she were to serve a valid section 21 notice then the minimum notice period would be two months. I understand that Section 8 would not apply as there has been no breach of contract; the damage to the car was nothing to do with the tenancy itself as it did not affect the flat and furthermore no charges have yet been brought, let alone any conviction.
Given the above, could there be any grounds under which she might be able to serve a notice for accelerated possession and if so what grounds might these be? Also, if she takes matters into her own hands and repossesses the flat, changes the locks and/or throws out his possessions, what action could be taken against her?
Any advice on this would be very gratefully received as this is is of acute concern at this very difficult time.
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.