Hello can anyone help, my Tennant moved in my flat 2nd june 6 month lease, his step dad has returned the keys today and told us he was sectioned 3 weeks ago and will be detained under the mental act section 3 for up to six months, all refence was completed and passed also his workplace can a reference, his stepdad had said he won’t pay anything more, where do I stand with the contract under mental health issues any advice would be very much appreciated
this is the worst situation The step dad cannot just return the keys and terminate the contract . Only the tenant can do that with a deed of surrender
Was SD a guarantor? Was there any guarantor?
As @Colin3 states, the tenancy continues as presumably the debt for the length of the contract. Not sure whether a deed of surrender would be valid if the person lacks capacity. Get (paid) advice rather than strangers on the internet.
** Just checked the MIND site. “You’ll be assumed to have capacity, unless you’ve had an assessment showing you don’t.” So the SD could be of real help here if he can confirm “capacity to decide” and whether it is in the son’s best interest to terminate.
Thank you that’s very helpful
Thank you really appreciate it
maybe the tenant knows he cannot cope and had given dad the keys to return, thinking that is sufficient. The dad maybe can get him to sign something . Mentally ill people can still have a certain amount of reasoning ability
Yes the SD was really rude and just thought handing the keys back was the end of it, but I’m thinking if I advertise it and put someone else in they may comeback to me and sue , it’s a minefield, I know how some people work, SD says I cannot contact him etc or the Tennant
as he is in a secure unit, only God send is I don’t have a mortgage on it, thanks
you have every right to conact the tenant either by email or phone.
Even with him been sectioned?
he is not in prison .even those sectioned can have visitors . (all assuming the S/ d is telling the truth) . I have visited those in a mental hospital many times ,sectioned that is PS Not me sectioned, someone else !! ( just for clarity)
You may be able to find out from his Doctor whether he currently has the mental capacity to end the tenancy. If so, I would try to persuade him to sign a deed of surrender with one of the staff as witness.
Have you considered it could be a nice convenient excuse to get out of the contract.
I have Graham and it’s not forth coming, am I just wasting my time here and never going to win
If one thinks he would not win - he will not win.
In any situation it is better to base your decision making process on naked facts. If I read the topic correctly, the only fact we know for sure is that you had been contacted by SOMEONE and given back the keys. Anything else is just some random information that has to be investigated. Trust no one, assume everything is a lie until proven otherwise.
For all we know it’s just an abandonment case and there are plenty LL here who went through this and can help you if you ask the right questions. You don’t have “a contract under mental health issues” until the mental institution admits they have your tenant.
Rerent the property ASAP
lay a paper trail saying the keys have been returned on your instruction to the tenant
just confirm all his kit has gone and take pix.
be glad there is no damage and you do have the keys
when the 6 months is actually up you can work out where you are financially
dont return the deposit obviously
In reality i wouldnt worry about the legal stuff at all. they have gone just re rent it. oh and dont expect to get any more from the ex tenant just reset your expectation accordingly
@Yvonne17 needs to be careful here. The tenant could later claim illegal eviction if she does whats being suggested.
I think there is a process in between this that will be unknown to @Yvonne17 AIUI you can’t just whisk people away under MH Act and keep them there. There will be a court hearing where a Mental Health Advocate will be appointed to verify the powers under the Act were lawful and that the detention can continue. Again AIUI, patients will decide to voluntarily stay at the institution until they get some sort of care plan and then are released. So the LL won’t know as no one will know at this stage.
As pointed out you still have a Tenancy Agreement and it was entered into prior to this while the T had capacity. Take legal advice or liase with the SD who IMHO is your key contact. Concern rather than conflict might yield a better result.
I would say the tenancy hasn’t finished and the step dad handing the keys back doesn’t make it surrendered.
I would get the tenant to confirm and if not a social worker etc in writing, and get a solicitor involved as this could turn awkward.
As for rerenting , don’t as for all you know it could be that the tenant makes a miraculous recovery!
Hi, the first step would be an inspection to see if the tenant still have their personal items there, I’d base the decision on this. I agree with the comments it’s not legally surrendered but if no personal items are left, I’d accept the surrender on that basis & relet & take the commercial risk. I had this before & contacted a carer in the hospital who organised for the tenant to collect his personal items. You can’t take someone to court who doesn’t have the mental capacity.
Anyone can use that story/ they wouldn’t tell a person 3-6 months it’s a fairytale, commence legal action and he is still responsible for Council Tax and fuel costs ets