'Mental Health Problems' defence against court possession

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    'Mental Health Problems' defence against court possession


    I have a housing benefit (HB) tenant who has been in my property since June last year. He only paid regularly for the first two months and since then started paying irregularly or not at all. As at end of November he was owing almost 12 weeks rent so he was served an S8 possession order as well as an S21.

    We have since applied and succeeded in getting the local authority (LA) to pay their part of his rent directly to us, but due to various factors (mainly the incompetence of the 'managing' agent), the accelerated court proceedings are still underway.

    I just got a copy of his defence form from the court and he is asking the court to grant him an extended stay because he has mental health issues. I don't think this is true but if it is, does it make a difference? He hasn't been paying his rent and I would like him out of my property ASAP. I will type his responses from the court defence form below:

    Postponement of Possession
    Explain why the hardship you would suffer would be exceptional:

    9) "I am suffering from mental health. If Im homeless it might make my situation worse. I need time to look for alternative arrangements. "

    Payment of Costs
    If the court orders you to pay the claimant's costs, do you aski it to allow more than 14 days to pay and why?

    10) "I dont have any money to pay I am on income support."

    Additional Information

    "If evicted at the moment with my health as a mental health patient, it might affect my health more.
    The local authority has written to the landlord asking for some time to see how they can sort out this matter.

    Your honour I was kindly asking your esteemed office for time as I am looking around for alternative accommodation

    Thank you."


    The LA did write, but I am sure it was at his behest and all they offered was mediation or advice if I had financial problems!

    The managing tenant says if he really does have mental health issues I would need to engage a solicitor because the mental health act will now be invoked, is this correct?

    Any help/information will be appreciated as I just want to get him out of my property.
    Last edited by p902; 25-05-2010, 11:18 AM. Reason: punctuation

    It should not. A not-too-dissimilar argument (disabled T) was tried but failed! See post #6 on http://www.landlordzone.co.uk/forums...ad.php?t=28357
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


      Thanks, will give it a read....


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