'Mental Health Problems' defence against court possession

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    'Mental Health Problems' defence against court possession

    Hello

    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

    #2
    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).

    Comment


      #3
      Thanks, will give it a read....

      Comment

      Latest Activity

      Collapse

      • Reply to New front door and windows
        by royw
        It would be better to get a specialist window fitter or someone recommended by the manufacturer rather than use the 'go to guy'.
        26-07-2021, 22:02 PM
      • New front door and windows
        by Steve95
        I'm looking into having a new front door, living room and first floor windows fitted to my rental property, and the letting agency "go to guy" really doesn't inspire confidence when I met him today! (On other quotes for different work) He mentioned that the glass needs to be toughened if...
        26-07-2021, 21:32 PM
      • Reply to New front door and windows
        by ash72
        Yes if the windows are below a certain height, they need to be toughened glass so that someone can't accidentally break it. If they are at standard level then no toughened glass is required. Also windows need to be a certain width in case of fire.

        FENSA is only the body that regulates the...
        26-07-2021, 21:41 PM
      • Reply to Breeding dogs without evidence
        by ash72
        As the T has stated, there isn't much more you can do, see if they leave in Oct, if not follow up with proceeding to the courts and eventually bailiffs if they have not left.
        26-07-2021, 21:35 PM
      • Breeding dogs without evidence
        by Mason1
        Our tenants have broken the tenancy agreement 9 times - painting my kitchen cupboards and chopping down trees. So it’s section 21. My issue is. We allowed 3 dogs and were told they would be housed outside and they intended to build a kennel. This hadn’t happened, instead they seem to be converting...
        26-07-2021, 18:45 PM
      • Reply to Imminent eviction
        by nreid
        Congratulations Perce. I’m so happy to hear this is over. You have been through total hell with this. I remember the support you gave me - and how upbeat and optimistic you were about it all. Yours was 16 months, mine was 21 months. I’ve left the place empty. Cannot bear dealing with it or hearing...
        26-07-2021, 18:30 PM
      • Imminent eviction
        by Perce
        Hello All

        Update : My tenant has no plans to move out before bailiffs arrive which is imminent. I have no clue what the bailiffs will do. He will start complaining that he has nowhere to go although he lives somewhere else just keeps his stuff in the property for free, he might say...
        21-07-2021, 19:10 PM
      • Reply to Rent Increase
        by octopeg
        Thanks Ash and Artful, yes the tenant has already paid the 1st month at the new rate, As you suggest Ash, I will write back to them confirming the new rate.
        26-07-2021, 17:50 PM
      • Rent Increase
        by octopeg
        Hi All, new to this site and the buy to let scene in general.
        I have a property that I let on an Assured Shorthold Tenancy. The fixed term of 1 year has just expired and I have allowed this tenancy to roll into a Periodic Tenancy, ie i have done nothing!
        Except, a few days before the end...
        26-07-2021, 08:42 AM
      Working...
      X