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Tenant with mental health

Started by judi3434, January 08, 2023, 11:28:09 PM

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judi3434

Hi, we have a tenant of some 13 years who has been exemplary until the last 12 months. She has a self contained flat in a house with 5 other s c. All our tenants are long-standing . She has taken to smoking 'skunk' and shouts out at intervals-arguing with herself. She is getting worse and other tenants are now conplaining. They haven't mentioned this before. I've spoken to crisis line and unless she asks for help they will do nothing. Tenant actually set fire alarm off when meditating over candleand her hair caught fire. I am attempting to contact her family but would appreciate advice on how to proceed and who to contact. I have a brother in law who is paranoid schizophrenic and am so aware if shortfallings  for mental health. Care in the community is just that  - no help from public services. She is also two months behind in rent. Thanks for reading

HandyMan

#1
Putting aside for the moment the important issue of your tenant's mental health, the effect of her behaviour on the other tenants, and your compassionate approach to her family and crisis line, you need to decide what your stance is going to be with regard to the current and any future rent arrears.

You say that she is already 2 months behind, so the questions that need to be answered are:

1. Does she have a source of income (less outgoings) that will be sufficient to pay future months' rent?
2. Even if she has sufficient income, is she actually likely pay the rent on time, every month?
3. Does she have, or will she ever have, the means of paying the current arrears?

If the answer to these is no, then you have to decide whether you intend acting as a benevolent charity by allowing the tenant to continue living in your property without payment of rent, or whether you should serve her a Section 21 notice now (while the means to do so still exists) to start the process of repossessing your property.

Serving a S21 with 2 months notice may be sufficient to precipitate some positive action on the part of the tenant - and, if so, you have the option to withdraw it.

Note that serving a S21 does not guarantee that the tenant will leave on the appointed date. She may just stay put, in which case your will have to apply to a court for possession.

If she gets advice, the tenant may apply for 'Breathing Space'. See https://england.shelter.org.uk/housing_advice/eviction/breathing_space_help_with_rent_or_mortgage_arrears
Note the words: "For a mental health breathing space, a mental health professional must confirm you're receiving crisis treatment."


The above advice may seem hard-hearted, but you do need to look at the situation logically and without emotion to decide the best course of action.

heavykarma

The advice from Handyman is spot-on.It is not hard-hearted,it is realistic.It is not at all clear whether she actually has a mental illness,or if this is a reaction to the drug,or a bit of both. I can understand that her past good behaviour makes you inclined to help,but you really can't wait and take that risk.My ex-husband had a situation very like yours,a previously reliable teacher whose psychotic behaviour drove out most of the others in the block.It ended in a terrible fire,and 6 years of legal wranglings before the insurance paid out.If she ends up being sectioned whilst still your tenant you would be unable to serve s21. What a dilemma,I wish you luck.

judi3434

Thank you handyman👍 In a nutshell . She has housing benefit which she is spending g as her benefits have been stopped. Gut feeling is she has failed to attend Pip assessment. She wasn't in today to discuss bur did go to the drop in to report no hot water 😂 not so silly . However phone call from drop in has connected us to her support worker . If they play ball with us we will give her a chance including paying rent direct to landlord, getting benefits reinstated and keeping quiet and defo no wacky baccy.
If no improvement we will go S21 ( while we still have one). In fact you're right we could issue but can retract if she plays 🤔 thanks again

HandyMan

Quote from: judi3434 on January 09, 2023, 10:18:12 PM
If they play ball with us we will give her a chance including paying rent direct to landlord, getting benefits reinstated and keeping quiet and defo no wacky baccy.
If no improvement we will go S21 ( while we still have one). In fact you're right we could issue but can retract if she plays 🤔 thanks again
Good to have a plan A and a plan B.

I hope it works out.

judi3434

Thanks so much , going to phone the new landlord free advice tomorrow and go for eviction. New nothing about mental health breather and not being able to serve s21 if sectioned or crisis line involved.
Eternally grateful for your input. Tenant reported water heater not working - turns out no money on the card.I guessed that one 15 miles away. Shelter does this type of tenant no good at all- throws boulders in the way instead of explaining to tenant what needs to be done. We're retired now and sold first rental house in August. Feels so good 🍷

jpkeates

To qualify for a Mental Health Breathing space the subject would need to be undergoing a mental health crisis.
A mental health crisis would normally mean that the subject is in hospital or prison (or possibly in a secure hostel).
A mental health crisis is a very serious thing, the person would typically be a serious danger to themselves or other people.

heavykarma