2 years ago | 9 comments
Hi, my elderly mother has had a tenant for the last 18 years and receives payment from the council through housing benefits. The tenant was great and was pretty much the perfect tenant. Unfortunately, over the years, her mental health has declined significantly.
She has become extremely paranoid and refuses to let anyone into the flat. My mother has an outstanding electrical inspection and previously, the electrician who did manage to gain entry, was suddenly spat at and verbally abused along with threats of violence.
My mother has tried everything to gain entry but is at her wits end; she is worried about being prosecuted in the event of an incident. She has approached the council, police etc.
The council have told my mother to start eviction proceedings but we know that this will potentially be lengthy and expensive and there are no guarantees. Additionally, we feel a social and moral responsibility for someone who is clearly unwell; making her homeless is not something we wish to do.
I would be grateful for opinions as to what to do under the circumstances. I have been relaxed about it saying there is a clear audit trail of numerous attempts to gain access but emails and letters go ignored and threats of violence are made if the door is knocked on.
My mother has been advised by the council that this is not good enough and that my mother potentially risks prosecution over this. They have told my mother to follow the process and begin eviction proceedings.
My mother is beside herself as she doesn’t know what to do under the circumstances.
Grateful for opinions please,
Ash
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2 years ago | 9 comments
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Member Since January 2023 - Comments: 7
3:27 AM, 17th July 2024, About 2 years ago
This tenant is exposing your mother to a prosecution (failure to have current electrical inspection) to which there is no real defence (is there a valid certificate? No. Guilty. But but….no buts).
Unfortunately this tenant and their problems will have to become the councils’ responsibility. It is possible that once Section 21 is served, the council may realise exactly how they are shooting themselves in the foot and start helping, but i wouldn’t bet on it.
Until that happens, your mother has to go the eviction route – remember all costs can be claimed from the tenant.
Member Since June 2014 - Comments: 1562
6:53 AM, 17th July 2024, About 2 years ago
https://tenor.com/en-GB/view/chinny-reckon-chinny-reckon-jimmy-hill-gif-20013567
Member Since July 2013 - Comments: 357
8:33 AM, 17th July 2024, About 2 years ago
The same council will then tell tenant to stay until evicted then give advice were to get legal help to prevent eviction.
Member Since September 2018 - Comments: 3508 - Articles: 5
9:10 AM, 17th July 2024, About 2 years ago
I had similar. Report to adult mental health services and flag up the behaviour experienced to date. Give them a clear time line of events of how you are trying to carry out your legal duty. Explain she is now putting herself in direct danger and this is now an emergency situation.
Copy in the council enviro health Dept, head of Adult Social services Dept, and local councillor who heads up the MH committees.
Hit hard – they will all be liable now if anything happens because they have been formally notified of the issue.
Member Since December 2023 - Comments: 1575
9:18 AM, 17th July 2024, About 2 years ago
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https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities/guide-for-landlords-electrical-safety-standards-in-the-private-rented-sector
Member Since March 2015 - Comments: 120
9:54 AM, 17th July 2024, About 2 years ago
Does your tenant have a next of kin who perhaps could be approached or perhaps a close friend?
A combination of mental health and strangers in your home can be daunting for anyone and perhaps there is a family member who can attend at the same time as the contractor?
If you consider that the electrical installation is okay, then I agree with other comments but if there could be call for concern, then it needs to be done sooner rather than later.
Adult social care from your local council may perhaps be able to help but they generally cannot discuss individuals in any detail because of GDPR. They may have a team who assist in these situations or perhaps a day care centre where the tenant could be encouraged to visit?
Good luck
Member Since January 2015 - Comments: 1435 - Articles: 1
11:12 AM, 17th July 2024, About 2 years ago
Contact Social Services in your mothers name and in writing and state your concerns that your tenant has become a vulnerable person and, as exhibiting clear signs of deteriorating mental health and possibly capacity, you are worried for her welfare. Point out that you’re elderly yourself and need their assistance to organise necessary and required certification.
Copy this to the Housing Department, Benefits Department, Leader of the Council (and Police as already been included in prior communication)
If you do not want to evict, and good on you for not wanting to evict an already vulnerable and likely distressed tenant, you can apply to the Court for an Injunction to gain entry, which could be classed as requiring emergency entry. Then give the tenant 24 hours written notice and I would accompany your tradesman. Does the tenant know you as well as your mother? Would your mother be prepared to go with you? A familiar face may help the situation.
GDPR is causing all sorts of unintended problems and consequences.
Member Since June 2024 - Comments: 8
11:21 AM, 17th July 2024, About 2 years ago
I wouldn’t just yet. I would contact your nearest carers centre. https://www.nhs.uk/conditions/social-care-and-support-guide/support-and-benefits-for-carers/carer-assessments/
They could be afraid to let people in and may need support and have someone there with them when the electrician goes. Some people who have mental health issues or disabilities wont answer the door to people they have never met even if you tell them someone is coming and what for. It might be because the person coming to do the inspection is a stranger and they may not be able to articulate how they feel about a stranger coming in what is their home, even though you own it. If the mental health issues are bad they may already have some one that visits them or contacts them to support them and they may be known to the local council. So its worth getting in touch with the council first to see if they have a support worker.
Member Since October 2020 - Comments: 198
1:44 PM, 17th July 2024, About 2 years ago
Agree with other contributions — you want to speak to the social worker if there is one, and be sure she gets one if not. If she needs supported housing that’s not going to happen without Social Services making the case. And eviction without the right support makes a bad situation worse for a vulnerable person.
Member Since October 2020 - Comments: 1137
5:07 PM, 17th July 2024, About 2 years ago
This is only going to get worse. I’d serve notice now.