Assisted Living/ CPAP Machine

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    Assisted Living/ CPAP Machine

    I have been told by the manager of the assisted living accommodation where I reside that if I do not use the CPAP Machine (which I can not stand) that the NHS has supplied me with for my sleep apnea he will in other words evict me, ability housing (a housing association) is my landlord which the manager does not belong to.

    What I would like to know is under the present law of England can the manager give me such an ultimatum, I would appreciate any advice?

    #2
    What tenancy/license type do you have please? (V unlikely to be AST or AT). What does tenancy/license agreement state about following medical advice please?

    How long have you lived their please?
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      How would he know? Just tell him you are, surely?
      To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

      Comment


        #4
        Is he insisting you use the CPAP for your benefit or the benefit of other residents? As in when you don’t use it your snoring is so horrendous it disturbs other people?

        Comment


          #5
          As above, is this for the benefit of the other residents ?

          Comment


            #6
            I have a friend who has to use a CPAP machine. If he doesn't use it you can hear him snoring outside in the garden

            Maybe the landlord is thinking of the wellbeing of other residents, and isn't so much saying you have to use your CPAP, but more classing it as causing nuisance to other residents if you don't.

            Comment


              #7
              Originally posted by scampicat View Post
              but more classing it as causing nuisance to other residents if you don't.
              Just another form of ASB i guess, if you replace the snoring with playing loud music.........

              Comment


                #8
                The reason why the manager says I must use
                the cpap machine (or basically evict me) is I could potentially stop breathing and suffocate (due to sleep apnea) not because of my snoring disturbing other residents.

                I wonder whether people on here who have any idea
                weather or not the manager can legally do so bearing in mind this is the manager of the assisted living and not my landlord, please let me know?

                Comment


                  #9
                  matthewkevin84,

                  Of course not. If you don't want to use it, don't use it. I think he's just trying to legally cover himself.
                  To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                  Comment


                    #10
                    matthewkevin84,

                    What kind of contract to you have for living in this assisted living accommodation? Is there anything in that contract about taking medication or using medical devices as prescribed by your doctor?

                    Comment


                      #11
                      Very strange .The NHS supply a machine to alleviate a health issue and the recipient chooses to refuse to use it. This a waste of valuable resources.At a time of impending hardship for many ,someone chooses to squander a valuable asset.

                      Comment


                        #12
                        No it doesn’t say anything in my tenancy agreement that says I must use this cpap machine. any more
                        advice would be welcome.

                        Comment


                          #13
                          Originally posted by gnvqsos View Post
                          Very strange .The NHS supply a machine to alleviate a health issue and the recipient chooses to refuse to use it. This a waste of valuable resources.At a time of impending hardship for many ,someone chooses to squander a valuable asset.
                          I was once given a NHS CPAP machine that was totally unecessary.

                          I was later diagnosed with Idiopathic Hypersomnolence, not Sleep Apnoea.
                          Mine is a neurological condition not a breating issue and a CPAP machine would do nothing at all to alleviate it, but they gave me one to use anyway.
                          TBH the doctors here were just guessing and it wasn't until I saw a consultant sleep specialist over at Newcastle (NHS) that the correct diagnosis was made following some overnight monitoring at the Freeman Hospital.
                          The CPAP machine went back to the 'local' hospital for someone else to use.

                          Comment


                            #14
                            I have been here since March 2022*

                            Comment


                              #15
                              You still haven’t said what kind of contract you have. For example, is it an assured short hold tenancy, is it a licence to occupy?

                              Comment

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