Sectioned tenant ripped out pipes and now wants to come back?

Sectioned tenant ripped out pipes and now wants to come back?

10:08 AM, 24th November 2016, About 5 years ago 14

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I have what I think is a strange circumstance. My tenant has ripped all the pipes out of the water supply during a psychological fit, he has been sectioned, but will want to move back within a couple of weeks.pipes

This is the second time he has done this, the first time I repaired the property and allowed him to re-enter after he had received psychological treatment.

I do not plan to repair the work myself this time, I will allow him entry, but he will not be able to live there because there is no water.

He is on housing benefit and I doubt he will be able to pay for the repairs himself.

I am going through the process of repossessing the property but this will take months.

Will the Council force me to make the property habitable again? Will they stop paying his rent if the property remains uninhabitable although it was the tenant that did the damage?

Any advice would be greatly appreciated.

Stephen



Comments

by Joel Davis

12:33 PM, 26th November 2016, About 5 years ago

Even if you are technically breaking the law by refusing reoccupation the prosecutors can only bring a charge if the case is in the public interest. Even if they do, you may have a valid defence that you are taking reasonable steps to prevent more crime. Otherwise, you would already be guilty of unlawful eviction because he was removed by being sectioned. If the eviction laws are absolute, the fact he was sectioned would be no defence if a charge is brought against you. Perhaps you could argue that by being sectioned, he has already been evicted contrary to his tenancy. He has been physically and forcibly denied access to his home under the metal health act. If he's already out, is it even an offence not to let him back in? I can see difficulty in prosecutors proving public interest when you have a right to protect your property and the safety of adjoining occupiers. What if next-time it's the gas pipes? See a good lawyer.

by Paul Shears

12:58 PM, 26th November 2016, About 5 years ago

Reply to the comment left by "Joel Davis" at "26/11/2016 - 12:33":

Very well said indeed Joel.

by Alan Loughlin

18:48 PM, 28th November 2016, About 5 years ago

does anyone know if the fee ban on agents also apply to a landlord who does not use an agent?

by Tim Wragby

21:45 PM, 28th November 2016, About 5 years ago

Reply to the comment left by "Alan Loughlin" at "28/11/2016 - 18:48":

Alan
I think it would be fair to say that it is too early days to be certain as the DCLG did not even know The Treasury were plotting to put this measure into the Autumn statement and it was not a re-working of the Private Member's Bill going through the House of Lords known as Renters' Rights Bill.

That all said though I think it will be extremely unlikely that landlords will be able to charge separately as this would be too easy a loophole for agents to use to get round the measure. The issue will be going out to consultation in the New Year - these usually last 10 - 12 Weeks and then start going through the legislative process. Best bet I've heard is that it will be law in 18 - 24 months.
All part of current Government's plan to squeeze out the PRS to make way for European style corporate large scale build-to-rent landlords to take to the field and provide thebulk of lettings


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