Tenant with mental health issues?

Tenant with mental health issues?

9:53 AM, 26th February 2024, About 2 months ago 7

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Hello, I have a tenant that has been hospitalised then released and put under a mental health officer for almost 30 months. In that time all rents have not been paid and I’ve taken it to court and won possession of my property back it has cost me in solicitors and losses so far 16k.

I have gone tonight to see if the tenant has left and I’m advised by the tenant she doesn’t need to leave for another 6 weeks as she was informed by her mental health officer. Which now means I obviously have to get the courts to appoint bailiffs at further cost and time to me.

Is anyone aware of any duty of care obligations that the council and mental health officer are obliged to uphold in relation to an incapacitated person’s rent being paid?

I’m fuming that my local council etc has allowed this to happen at my cost and hope to be able to challenge them on this next week.

If there is some regulation or by-law I can challenge them on to recover my costs and losses can anyone help me with what way to go about it and what I need to state to the council about their potential negligence?



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10:26 AM, 26th February 2024, About 2 months ago

You will no doubt get plenty of advice about seeing solicitors etc .. but in the end you will end up doing all the work and get .. nothing - I can't see you getting any of the rent owed.. One thing though, be prepared to use the bailiffs as even though she should be out in 6 weeks I wouldn't put a bet on it. If you have to use the bailiffs DON'T unless you want a long wait, use the sheriffs (it will be transferred to the High Court)- it will cost you a bit more but you will be able to get her out in weeks rather than months.

Caroline Ritchie

10:46 AM, 26th February 2024, About 2 months ago

You should write a letter to the tenant and advise them what this has done to your mental health!
This person is likely on benefits so why is rent money not been passed on to you? Why is it always the landlord that loses out?
So sorry - yet another landlord going through that feeling of helplessness and lack of control.


10:48 AM, 26th February 2024, About 2 months ago

Reply to the comment left by Caroline Ritchie at 26/02/2024 - 10:46
Your wasting your paper writing a letter. Why has the rent not been paid direct to the landlord, did the landlord request this ?, if not it wouldn't happen

Antony Mulligan

13:17 PM, 26th February 2024, About 2 months ago

Yes we went direct to get paid but they said the tenant was asked to fill in some paperwork they needed and because the tenant did not reply they suspended her payments

This is why I thought the mental health officer should have intervened and made sure this paperwork was sorted by the tenant.


13:18 PM, 26th February 2024, About 2 months ago

Please contact UC and have rent directed to yourself. Anything over 2 months arrears it can be done. I’ve just done one and it was processed in 10 days. Still owed £1400 and doing the eviction, but at least some rent is now coming to me.

Also do the court papers yourself as it will be cheaper. If a member of the NRLA they have free advise and docs to use.

Michael Booth

7:27 AM, 28th February 2024, About 2 months ago

Reply to the comment left by GlanACC at 26/02/2024 - 10:48
Do you want to bet.


7:59 AM, 28th February 2024, About 2 months ago

Reply to the comment left by Michael Booth at 28/02/2024 - 07:27
Yeh go on then, I will bet that writing a letter has no effect at all. The only time I had response to a letter was to Derby CC when I called them a bunch of numpties, they thought it was very unprofessional of me to accuse them of this (pot calling the kettle black here, they couldn't run a bath) - but they soon changed their tune when they wanted me not to evict a single mum (she had sold my white goods and replaced them with her own broken ones and asked me to fix them - happily judge saw my side )

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