Mentally ill tenant, should I issue a section 8 notice?

Mentally ill tenant, should I issue a section 8 notice?

9:46 AM, 10th May 2023, About 2 years ago 14

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Hello, I have a leasehold property which I rent out, the freeholder being the local council. My tenant, a single lady in her 60s, obviously has mental health problems which were not apparent when she took over the flat.
The flat is filled to the brim with clothes, books and things bought at car boot fairs although it doesn’t seem dirty. She rarely allows me access because she is so ashamed.
Having fallen out with her neighbours she has now become abusive and the council have received numerous complaints.
A local charity has tried to help her de-clutter but had to give up as they were getting nowhere. I have tried to get help for her from social services but as far as I know, she has had no contact.
The freeholder seems to hold me responsible for her behaviour and has threatened me with a bill for clearing things she has put in the communal garden space.
About six months ago I did pay to have the garden cleared of her junk and obviously, I was not popular. She knows she is breaking the leasehold regulations with respect to the communal garden but claims others do too – which is true.
She does pay the rent regularly and allows people in to do the gas check etc.
I believe that giving her a section 8 notice will only make the situation worse for her and may achieve nothing for me except the cost of going to court.
Any advice from the Property118 community would be appreciated.

TIA,

Ann


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Comments

Mark Smith

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16:30 PM, 11th May 2023, About 2 years ago

Personally i would contact her informally and explain that is she does not remove the clutter she cant stay in the flat. Give her a clear date to move it by and let her know on that date if it has not gone you will begin eviction procedures.
Offer what help you can. Only then consider eviction...and not because of disability. You need to be clear what terms in tenancy agreement her behaviour means she is in breach of.

Ellen Clifford

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16:52 PM, 11th May 2023, About 2 years ago

This is why we need more council housing built and why we need all the cuts to mental health services reversed whereas the government's policy is to encourage private tenancies for everyone regardless of disability and to push support for disabled people back onto communities that are ill equipped to deal with them and already strained. I would encourage everyone with an issue like this to write to your MP.

Ann Diamond

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7:53 AM, 13th May 2023, About 2 years ago

Thank you to everyone for your good advice. I have threatened the tenant with eviction - section 21- and she has made an effort to clear things up so I have my fingers crossed !
Ellen Clifford's comment is spot on.
This flat is actually an ex council property which was sold to tenants at a knock down price. If the proceeds from those sales had been invested in building more council homes then we would not be in the position we are in now.

Jessie Jones

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9:20 AM, 13th May 2023, About 2 years ago

I have had two 'hoarders' in recent years, with houses full to the brim. Both tenants left, one of their own accord, and one because I decided to sell, leaving the houses just as they had found them.
Hoarding is a fairly common problem, and there are far worse tenants than someone who simply hoards. There might be some side issues, such as whether damp might be accumulating in hidden areas, or if there is a genuine fire risk, but otherwise, if trades men can get in to do essential repairs, Gas Safe, EICR, then why not let them be. How they live their lives is not your responsibility. You are not a social worker.
As far as the council goes; they are the freeholder so rubbish outside the property is their responsibility. Do they have proof that rubbish is from your tenant, as indeed your tenant says that other tenants dump their rubbish outside.
But do check that you are not required to have a Selective Licence for the property, as if you do then the council will have a whole raft of ways for making your life difficult. In which case, I would indeed seek repossession via Secn 21.

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