Should I evict a tenant with mental health issues refusing an electrical inspection?

Should I evict a tenant with mental health issues refusing an electrical inspection?

0:02 AM, 17th July 2024, About 4 months ago 17

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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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Marie

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20:56 PM, 17th July 2024, About 4 months ago

I would make her aware these are things that need doing so that you can rent the property to her if these things aren't completed you can not rent the property out which will mean having to give her an eviction notice.
Unfortunately if you can not get through to her how important it is, you need to put emotions aside and look at the bigger picture, it is you that will get in trouble and have to pay, even if it is lengthy this lady is not your responsibility and will get help to get rehoused.
You can't help someone by damaging yourself.

I don't think a s21 would be the right notice as that's a no fault, depending on what's in the tenancy agreement I'm wondering if this is breech of contract, so would advice seeking legal advice as to which notice would be best for your situation.

havens havens

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21:19 PM, 17th July 2024, About 4 months ago

I'm sorry your mom is facing this tough situation. Why don’t you get help from mediators or support services to find a kind way to solve things

GlanACC

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7:58 AM, 18th July 2024, About 4 months ago

Start eviction NOW, the tenant can contact the social worker if needed. You will be liable to fines for not having the EICR certificate. Its you or them, choose !

Disgrunteld Landlady

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11:23 AM, 18th July 2024, About 4 months ago

We have the same. DSS drug addict - put in to our place by the Letting Agent in Durham despite us saying they had to pass all credit ref checks. No recourse chasing the Agent. 5 years on,we never increased the rent - we need to sell. The EICR has expired, The next Agent failed to notify us we needed a Selective License and thinks they have no liablity in doing so. We are about 9 months into evicition - no sight of Bailiff being booked, S21 granted, Awarded costs. Selective licensed deposit paid. Tenant is weilding a knife and ran our electrician out, knife and needles dropped out his window.. He has admitted to tampering with the meter which we've reported. Council is still demanding EICR to complete Selective license threatening a 30k fine - despite the risk of loss of life to anyone going in to the flat - We've gone back and said the license is for Antisocial behaviour isnt it, they've thrown their hands up, Police have not put him back inside.. The place cannot be guaranteed as fit for habitation and we just go round and round in circles. Have you checked your EICR as this will be an issue for you too at some point. No kindness and no amount to doing good by people is rewarded it seems. And these licensing scams are just a means to take money of us then do nothing.

Natty

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18:45 PM, 23rd July 2024, About 4 months ago

I had a similar problem with my tenant. He was a good tenant and was there 15 years. Then 2 years ago he lost his job and had mental health issues. He started to become high maintenance, not looking after the place expecting me to fix it including a mice infestation although I was receiving the rent.

I suddenly had enough and was lucky I had his sister's contact details and mediated through her. I gave him a Section 21 notice this year and his sister kindly took him in. I had to be cruel to be kind and it felt very much like I was throwing him under a bus but with the double wammy of high interest mortgages rates, high maintenance costs and taxes I am currently about to sell up now.

With having a full on full time day job that is more important I haven't the time to be playing social worker in my spare time.

Robert Sled

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11:22 AM, 25th July 2024, About 4 months ago

You're not a social worker. If someone is abusing your elderly mother or her representatives, and the situation is only going to get worse, so stop the situation. Don't let it further deteriorate. The council have told you they will do their duty to care for her as long as you perform your duty under the law and evict her. The council have much better facilities and trained professionals to help her. They can offer far more support to this tenant than your elderly mother can. So obey the council. Let them take over her case and stop trying to fix things which the tenant won't let you fix I mean the issues with the person, not the property). Pass her over to the council by following the eviction route as the council have told you to. There's nothing to feel bad about. You're doing what you can to make sure she gets the correct level of support given her circumstances. That's a good thing. Not a bad thing

GlanACC

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16:48 PM, 25th July 2024, About 4 months ago

Agreed, don't feel bad about it, get shut and sell

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