Problems with an alcoholic tenant who is now in hospital?

Problems with an alcoholic tenant who is now in hospital?

0:02 AM, 28th February 2023, About A year ago 14

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Hi, I do 6 monthly checks on my tenant and have never had any issues previously. They have been in my house for 18 months and there are no rent arrears. I have been trying to go around since Nov 2022 to fit a fence panel but kept being cancelled due to covid/illness/funeral/illness again etc.

I finally went round last Friday and she forgot I was coming. As she struggled to open the front door which opens straight into the lounge, there was 30cm deep of piled rubbish covering the whole floor. Bottles, cans, bags, food containers etc. As a result, the walls were crawling with flies and insects. The tenant was clearly sleeping on the sofa in said room also.

She has dogs too which were put in the garden, they have left faeces all over the house including stairs and upstairs bedrooms – the kitchen floor completely covered (none in the garden at all, and the RSPCA now have the dogs).

The toilet was filled to the top and blocked with unflushable wipes and no longer usable.

The next day I returned to the property to check the garden waste drain to check if it was a blockage or just the toilet blocked – and the drain was clear. When I saw my tenant in the daylight I saw she was yellow, unable to walk and covered in her own faeces.

After spending the day speaking to NHS111, I was so concerned for her, I spoke to 999 and the ambulance came and took her to hospital. I’m not sure if she’s had a stroke or a breakdown, but she is an alcoholic which hasn’t helped.

I served a section 8 on grounds 13 – damage which gives until the 5th March. I have spoken to her family regarding this and they are very apologetic but seemly not getting involved.

The tenant seems to think she’s in Scotland and isn’t of sound mind, but when she’s evaluated by the social team in hospital she’s passing as fine and is declining any help with housing.

My property is not habitable as its an environmental health issue due to the rubbish etc.

The tenant is aware she is being evicted and sometimes understands but the next minute says she’s not done it or has only lived there a week.

My questions are:

  • Do I still have to apply to a court for a possession order?
  • The tenant will still be in hospital this time next week and unable to do any of this herself. Can the family do it on her behalf?
  • I’ve been starting to get quotes for the repairs etc and it’s going to cost £2,000-£3,000 from what I can currently see, once the rubbish is removed etc there could even be more. How do I claim this back? Would it have to be through a small claims court?

I don’t imagine I will ever get anything back as she isn’t working and seemingly won’t be for a long time. She isn’t in rent arrears (I have no idea how she isn’t or where the rent has come from but I’m thankful she has always paid).

I don’t really know where to go, and the longer the house is left in this state, the worse it is going to get.

The thought of having to get a possession order is possible as that’s another few months and more money to shell out when I already have so much to pay out coming up!

Thank you,

Sarah


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Comments

DrT

11:06 AM, 28th February 2023, About A year ago

I would take full possession on 5th March. As far as you're concerned, you went to the property on the 5th March, the property was left uninhabitable with only rubbish/faeces remaining and a full set of keys was posted through the letterbox lying on the floor. All these things indicated the tenant had left following the section 8 eviction notice. Then change the locks. Wait 7 days incase any further rubbish/junk is collected by the tenant, which of course it won't.
Then get started with your clear out/renovation.
Forget claiming as you won't get anything back and move on.
It will be down to her family or social services to re-house her.
There is no future for you or her if she moves back into your property, only damage, stress, environmental health, social workers etc.
She needs help. This is the best solution for all concerned.

Kate Mellor

11:36 AM, 28th February 2023, About A year ago

Reply to the comment left by DrT at 28/02/2023 - 11:06
As tempting as it may be, I'm afraid this is not good advice and may land the landlord with a conviction for illegal eviction. Presumably the tenant did not put the keys through the door and all her worldly possessions are in this property. She surely didn't take them with her to hospital!
The penalty for illegal eviction is up to two years imprisonment and an unlimited fine.

Kate Mellor

11:58 AM, 28th February 2023, About A year ago

Hi Sarah,
Don't try to cut corners, do things by the book, or it may cost you a lot more than a few thousand pounds. As ground 13 is a discretionary ground, I hope you have taken the opportunity to take plenty of photos for your evidence.

I would suggest you try to get the council involved in terms of getting help for your tenant. As a vulnerable person, she will be prioritised for rehousing with an eviction pending. It does depend on the individual council I know, but it's worth trying, ours have rehoused a tenant with mental health issues who we've given s21 notice to.

It sounds as though her rent payments are set up on a standing order, otherwise there is no way she'd have been capable to make the payments, so there's a good chance you will continue to receive rent in the meantime.

Forget getting your money back for the repairs, that's a sunk cost!

Work with the council and the family to get her moved on, get evidence that she HAS moved, or keep written evidence if the family tell you they've moved her out etc. so you can prove that when you take possession you had good grounds for it. A person with a tenuous grip on reality is likely to contradict your version of events when they sober up.

In the meantime get your paperwork into the court as soon as possible. I'd also issue a section 21 notice if at all possible as a backup, especially with S13 being discretionary. All you need is for her to say that she's all better now, and she will tidy up and the judge says, okay let's give her a chance. Case adjourned!

Kate Mellor

12:02 PM, 28th February 2023, About A year ago

There may even be something the council can do with regards to the property not being habitable for her to return to? Perhaps make some discrete enquiries to find out what would happen in that situation. It may speed things up for you if the council say she can't return to the property.

Chris Rattew

12:53 PM, 28th February 2023, About A year ago

This is clearly too big a problem for you to solve alone. The Council, Citizens' Advice and other people may help. She probably needs supported accommodation.

Sometimes, we fail to support tenants. When we were sent letters to shield and stay at home during the pandemic, I could not visit a frail tenant (who was also shielding) for several months, and the tenant died. The flat had to be decontaminated.

Martin

17:11 PM, 28th February 2023, About A year ago

Reply to the comment left by Kate Mellor at 28/02/2023 - 11:58
I know its obvious but video and photograph everything before you do anything and have a witness ideally.

RoseD

19:08 PM, 28th February 2023, About A year ago

This is such a tragic situation especially when there are clearly family who you've obviously managed contact with and in my opinion should step up here and aid the overall management in making decisions with regards to the tenants belongings and future decisions. It's a very unpleasant situation so good luck moving forward.

Lorraine Mansfield

20:26 PM, 28th February 2023, About A year ago

pat yourself on the back for getting her help and saving the dogs from more misery. It makes me think of Robbin Williams quote " i used to think the worst thing in life was to end up alone, Its not the worst thing in life is to end up with people who make you feel alone"

Reluctant Landlord

11:22 AM, 1st March 2023, About A year ago

get a S21 out asap! Cal the council ask to meet someone from Social Services ASAP at the house then they can see she cant go back to living there themselves (and you have a witness).

They will then either take her under their care or be fully aware she will be evicted because of it so either way they she will be back on their books (cc in Housing to all/any emails)

Rent still coming in so she has a right to move back in if let out of hospital so you cant do much about this.

All you can do is go for possession asap using S21. At least you have notified all the Council departments that SHOULD now help the tenant.

Freda Blogs

12:26 PM, 1st March 2023, About A year ago

I am reminded of the recent case in the news of a young woman with mental health who had lain dead in her flat or three years until a relative called to see her. This was social rented accommodation. It begs the question whether the relevant authorities and family had stepped up to their duties, as her mental health difficulties were known about and she was acknowledged to be an at risk individual.
Good for you for caring and alerting the relevant bodies. However, as others have said, it is not really your problem, even though under the vagaries of LL&T legislation and through buck passing it may well remain with you to manage if everyone else ducks out.
As harsh and cynical as it may sound, do keep a comprehensive audit trail of all that you have done so your attempts at resolution are evidenced, and ensure your insurance is up to date and as comprehensive as can be.

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