The keys were returned. I would treat as abandonment or get him to sign the deed of surrender
The keys were returned by someone other than the tenant and who possibly did so without the tenants consent. This is not necessarily abandonment.
Ok so first things first a Section 3 under the mental health act means he is detained for up to a maximum of 6 months
Who is your tenants advocate? This could be their social worker or their doctor at the clinic where they are sectioned
So contact the hospital and you need to mention that obviously only a court or the tenant can end a tenancy and what should be done.
That is the first thing to do and that then dictates what to do next
Agreed you just cannot evict or take the SD word unless he does have power of attorney which was done very quickly if it was done
So contact the hospital/clinic and they will be able to help
IT might be that with the right treatment your tenant can be out in 2 months but also it might be that when he is out he will need support in a unit that can dispense daily meds
I hope that helps
Hi, people who come into refuge can apply for 6 months rent on 2 properties if they bave to flee.
My mum was in rehab and the same with that, the coucil can cover the rent for 6mths
Has the tenant vacated the property? If so you should be good especially if the step dad is a guardian of the tenant and or guarantor. Put the property on the market and get your property rented
One significant fact is missing - was the stepdad a guarantor or signatory to the tenancy agreement.
However the keys are returned, the flat is not occupied, and personal effects have been removed, and the tenant presumably surrendered his keys to the step father who was acting on his behalf. I think that should any issues arise the step father is at fault.
If however the step father is a guarantor he will have a legal responsibility to pay the rent for the full duration of the initial contract unless proper notice is given and an agreement is made with you.
This recently happed to me with a tenant who was recalled to prison - the father was a guarantor. I asked for the rent to the end of the current month and formal notice so i could legally relet the flat. The father (guarantor) made the flat good and returned the keys. I relet the flat immediately and released he father from any further responsibility.
There are a number of questions not being answered so perhaps @Yvonne17 has the details she needs.
Coincidently the Nearly Legal has an interesting case on unlawful eviction and the pitfalls of not understanding all of the Tās circumstances. Make sure you are sitting down when you read it.
If heās sectioned, he would have a NOK to make decision for him as he lacks capacity. If the step dad is the next of kin, its your responsibility to show the contract and terms of contract and then take it from there.
I think we donāt really know enough of the circumstances of this case to know the likely outcome. However, there are plenty of cases where a landlord has been convicted of unlawful eviction when they may appear to have acted reasonably. One famous one involves a former prisoner who on being relased after serving a 12 year sentence, successfully sued his landlord for unlawfully ending his tenancy.
No wonder the phrase has been coined " then the law is an ass"
Just because someone is sectioned under the mental health act it doesnāt mean that they lack capacity .
Capacity is always assumed unless proven otherwise.
I am a psychiatric nurse and have supported many people who have been able to maintain their tenancies despite being an inpatientā¦ a recent case where one had a mental health crisis and was sectioned, however was in full time employment and received full sick pay so was able to maintain their tenancy. Other cases sadly where patients have had to āgive upā their tenancy. But we have always supported them to work with the landlord in making it a smooth process for all involved.
1 Like
Hey there, Iām in a bit of a tricky situation. My tenant moved into my flat on June 2nd with a 6-month lease. However, today his stepdad returned the keys and informed us that heās been sectioned under the Mental Health Act, specifically under section 3, and he could be detained for up to six months. All the references were good, including one from his workplace. The stepdad mentioned he wonāt be paying any more. Iām wondering what my options are regarding the lease and the situation with mental health issues. Any advice would be really helpful, thanks!