Disabled tenant, un-evictable?

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  • Disabled tenant, un-evictable?

    I have a lead tenant who is a full time carer for his disabled partner who lives with him.
    They were used to having their full rent paid in another county. Here to their surprise and my dismay they are only getting some 55% of the rent.
    Their current AST runs out in May.
    They appear to be willing to move and I'm doing all I can to help and encourage this but, I am getting a gut feel that something just isn't right.
    Amongst other things if they can't afford my rent they will not be able to afford any other rent locally either, so, where could they possibly go?
    If it does all go pear shaped, is it the usual Sec 21? Getting the property back will be the key, I'm going to live with the arrears, they just don't have the money and any they may have they will need for removals.
    I seem to recall that disabled people are effectively in a place for as long as they want it, is this so?

  • #2
    I don't think Section 21 of the housing act gives any special treatment to disabled people does it? If they can't pay, they can't stay. S21 takes no account of race, religion, income bracket or any other circumstances. The best they may get is slightly longer than a 14 days possession order when it gets to court.

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    • #3
      Originally posted by jghomer View Post
      I don't think Section 21 of the housing act gives any special treatment to disabled people does it? If they can't pay, they can't stay. S21 takes no account of race, religion, income bracket or any other circumstances. The best they may get is slightly longer than a 14 days possession order when it gets to court.
      Whilst that is true, one recent Court decision held to the contrary. See a previous thread re Lewisham LBC v. Malcolm [2007] EWCA Civ. 763.
      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.
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      • #4
        Having studied this a little more thoroughly it appears to revolve around a social housing provider - in this case a local authority where such a tenant is unlikely to be evicted having acquired the tenancy from the original tenant who had sub-let.

        If it were to be a let of a private residence by a private landlord then I think you might find the S.21 would be honoured by a judge as he is duty bound to grant possession.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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