Tenant sectioned under mental health act

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    Tenant sectioned under mental health act

    Asking on behalf of mother in law:

    she had a tenant move in on a 12 month AST but had problems with the tenant paying the rent,she gave s8 notice which ran out on 28th december.... heres the problem... the tenant has now been sectioned under the mental health act, we dont know how long she has been sectioned or when,Where does she stand legally ?, the tenants mother is now responsible for her affairs and we we were wondering if the mother can surrender the tenancy on behalf of her daughter?, if she doesnt (or cant) then what is the next step ? also the tenants belongings are still in the property,what can be done with those ?.

    any help would be appreciated !

    #2
    I wouldn't sweat it. They don't keep anyone there very long nowadays. I bet she will be home before you get a court date.
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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      #3
      Could she not go and change the locks as the notice period is finished ?

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        #4
        Nope. 'Fraid not.
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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          #5
          what can she do then?, the tenant claims housing benefit and the house has a mortgage so if rent isnt paid then mortgage doesnt get paid,is there anyway of finding out how long she has been sectioned for so we know where we stand ?,we cant be left in limbo

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            #6
            If the rent is paid by housing benefit just write to them informing them of the arrears and ask for payment direct. This is normal when rent reaches 8 weeks unpaid.

            I would guess this poor person has been having problems for sometime and this is why your rent hasn't been paid.

            What ever you do, do not change the locks.

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              #7
              rent is already being paid direct to LL at the moment but doesnt LL have to inform HB of change of circumstance ?

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                #8
                Being sectioned means the carers are trying to stabilise their patient, when they feel he/she is ready for the big wide world again they will discharge him/her.

                If Mum is responsible (I mean properly responsible like a power of attorney) then speak to her about getting the council to pay the rent directly to you.

                People do get ill, would we have the same post if the tenant had suffered a broken leg?
                I offer no guarantee that anything I say is correct. wysiwyg

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                  #9
                  Originally posted by Dazzer1467 View Post
                  rent is already being paid direct to LL at the moment but doesnt LL have to inform HB of change of circumstance ?
                  Only about housing matters, not the tenant's health.
                  I offer no guarantee that anything I say is correct. wysiwyg

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                    #10
                    if the tenant isnt living in the property then they are not fulfilling the requirements to recieve housing benefit (staying there 4 nights per calender week)

                    A broken leg is different to a mental health section, Someone with a broken leg can still occupy the property but someone sectioned cannot

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                      #11
                      Originally posted by Dazzer1467 View Post
                      if the tenant isnt living in the property then they are not fulfilling the requirements to recieve housing benefit (staying there 4 nights per calender week)

                      A broken leg is different to a mental health section, Someone with a broken leg can still occupy the property but someone sectioned cannot
                      That's rubbish. Being in hospital is completely different to moving somewhere else.
                      Treat the property as occupied, do not go changing locks or otherwise interfering with the tenant's tenancy.
                      I offer no guarantee that anything I say is correct. wysiwyg

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                        #12
                        does the HB continue as normal then and council dont need to know ?,can the mother surrender the tenancy on her behalf?,What about the section 8 that was served and has no expired?, i read a similar thread saying possession proceedings cant be started on a person sectioned?, if she cant start court proceedings then what is she suppose to do as if the council deem her not entitled to the HB then they will go after LL for overpayment of HB ?

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                          #13
                          I think the best thing you can do is speak to 'Shelter' and maybe a mental health support organisation. Do try to come across as sympathetic to your tenant's illness.

                          Maybe wait until your tenant is well again and then speak directly to her, please try and remember she may be quite fragile after her treatment so be careful how you broach the subject.
                          I offer no guarantee that anything I say is correct. wysiwyg

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                            #14
                            Originally posted by Dazzer1467 View Post
                            the tenants mother is now responsible for her affairs and we we were wondering if the mother can surrender the tenancy on behalf of her daughter?
                            Perhaps, but only if she has the appropriate Power of Attourney; it seems unlikely, if the daughter is 'young', that the mother would have obtained the appropriate PoA.

                            Originally posted by Dazzer1467 View Post
                            Could she not go and change the locks as the notice period is finished ?
                            No, because the notice doesn't end the tenancy, it merely entitles the LL to apply to the court for a possession order after the notice expires.

                            Also, the fact that the T is in hospital (voluntarily or not) is not an offer to surrender the tenancy.

                            Originally posted by Dazzer1467 View Post
                            rent is already being paid direct to LL at the moment but doesnt LL have to inform HB of change of circumstance ?
                            There is no 'change of circumstance' just because the T is in hospital. The T still has a tenancy and remains liable for rent.

                            Originally posted by Dazzer1467 View Post
                            What about the section 8 that was served and has no expired?, i read a similar thread saying possession proceedings cant be started on a person sectioned?
                            Please provide a link to this thread.

                            If I were the LL, I would apply for possession on the basis of the notice served. It is for the court to decide whether to make a possession order or not.

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                              #15
                              Originally posted by westminster View Post

                              Please provide a link to this thread.
                              http://www.landlordzone.co.uk/forums...mental-patient

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