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

David Houghton

14:41 PM, 3rd March 2023, About A year ago

Reply to the comment left by Kate Mellor at 28/02/2023 - 11:36
Exactly, definitely do not do anything without a Court order then the bailiff. Not just the immediate civil and criminal action but if a national landlords register ever comes into effect a history of illegal eviction won't help

David Houghton

14:43 PM, 3rd March 2023, About A year ago

Reply to the comment left by Martin at 28/02/2023 - 17:11And exhibit them properly in a witness statement. Serve a copy and file one with the court

MD

10:19 AM, 4th March 2023, About A year ago

As both a landlord and a social worker, I am looking at this in another way. This is a lady who has always paid rent, the flat has always been clean and tidy and something happened in the past 6 months that meant that she was no longer able to cope.

If you evict her you are just moving a vulnerable lady to a worse situation (unless social services decide that she can no longer live int he community and needs residential care). I disagree that that it is "not your problem".
While in hospital, the social work team will need to assess her mental capacity to decide where she lives as well as her ability to cope. They will also be able to assess the home to determine if the home is a habitable environment for her. If it decided that she can live at home with care and support, they can put this in place for her and can arrange for the property to be cleaned to be made habitable. You may still need to pay for structural repairs if applicable but social services can certainly pay for the deep clean if she is returning.
I would advise that you communicate with social services in relation to the lady returning to the property. Advise them of the conversations that you have had with her (she thinks she is in scotland) and ask for a formal mental capacity assessment (decision - does she need help at home, does she have capacity to decide what help she needs). Tell them that you want an access visit to determine the state of the property and email pictures of the property to both social services and the hospital discharge team.

While she is in hospital, there will be a lot of pressure for her to be discharged when she is "medically well" and this will encourage social services to work with you to make the property habitable.

If she does return, there may be ongoing problems if she refuses care but they just may be further evidence for health deterioration and working with social services is your best option for ensuring the lady and your property remains safe.

If she is deemed fit to return home and you evict her and she / someone applied to the council for a homeless assessment, the council will make you wait until after the court anyway and they will place her in temporary accommodation (like shared accommodation) until something permanent is provided to her. This will be dragged on for months.

Kate Mellor

19:05 PM, 4th March 2023, About A year ago

Reply to the comment left by MD at 04/03/2023 - 10:19
Thanks so much for contributing your knowledge into the social services system. Many of us will experience tenants with serious mental health issues and vulnerability in the course of our careers and it’s good to know what type of support you can reach out for.

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