Mental Heath and Evection

MargaretT

What is the situation where a person has damaged rented accommodation (private housing trust) while suffering a breakdown and as a result has been sectioned under the UK Mental Health Act? An inspection of the house might indicate that the person in unable to look after themselves and this is one of the main rules of the housing trust ie the person must be able to look after themselves

Can they be evicted from their home because of the damage they caused while suffering the breakdown? I'm assuming it can't be regarded as criminal damage if the person was so unwell. And I would like to think that now they are getting a health package that the looking after themselves rule would be taken care of.

What grounds does the sectioned individual have for appealing such an eviction (are they regarded as having the facility to defend themselves if they are still sectioned) and can they actually be told while they are under section that they are loosing their rented accommodation, or must the private housing trust go though an appointed social worker and/or advocate.

Need some quick advice on this I've just receuved the news but as yet my grand-daughter has not been told, it's the first time she has been sectioned and we don't really understand what is happening.

Margaret

Blackpool_Saver

You must be worried out of your mind Margaret, I am no expert in this subject and I do hope someone will be along soon to advise you.
If you don't get any replies tonight, I would bump the post tomorrow when more people will be about.

Big hugs

Savvy_Sue

Margaret, if you can't sleep the following links might help:

MIND

RETHINK

SANE

I think MIND is fairly general, so the other two might not be appropriate.

Your granddaughter may benefit from an advocate: I'm not sure if she'd be seen as having 'capacity' to speak for herself in this situation.

Also, for clarity as it may help with the answers:

Has an eviction notice been served?

How long is it since she was sectioned?

Is the rent still being paid?

Was the rent up to date when she was sectioned?

MargaretT

First of all many thanks for your replies, I was told this site can be very helpful.

Savvy-Sue asked: '

Also, for clarity as it may help with the answers:

Has an eviction notice been served?

How long is it since she was sectioned?

Is the rent still being paid?

Was the rent up to date when she was sectioned?

The rent is still been paid via housing benefit and would, therefore, be up to date. My grand-daughter has been sectioned now for about threee weeks, there is that much happening dates are so hazy. She has been appointed a social worker and an advocate. (Is an advocate a legal person)

An eviction notice has not yet been served. Can that be done while the tennant is under section?

There is a sting in the tail, however, the accommodation she is living in has a strange sort of a set up. It dates back to the time of the industrial revolution and is legally a registered charity The sting is that all the residents are there on licence and they have no tennancy agreement. It is just the way the charity was set up. In fairness to the charity when selecting residents they keep to the spirit of the charities governing principles.

There is a set of rules that residents have to obey and had to sign when they moved in. Two of those are that the licence agreement can be terminated at any time by the charity, and that the resident has to be able to look after themselves.

I'll have a look at Rethink and Sane

Thanks for the hugs Blackpool_Saver we really do need them

I'm thinking that my grand daughter should get her own solicitor to defend her rights more rigiously.

Margaret.

Errata

Has anyone made the ward manager aware of the situation? They and the team caring for your GD can help her best if they're fully aware of the housing difficulty.

MargaretT

The Ward Manager, is that the same as the old time Sister? I'm going to see GD this afternoon and I'll be advising her to make an appointment with the social worker and her advocate first thing Monday morning.

Errata

Yes it is, and they need to be made aware of the housing situation immediately as it will impact on how they support your GD.
At this stage as it seems your GD may not understand / be aware of any peril regarding her housing situation, which makes any discussion she has with the SW and Advocate about it pointless.
I think it would be of great help to your GD if you could fully explain the housing situation to the ward manager. And of course a discussion with them may help you to understand your GD's current difficulties. HTH

MargaretT

Off to visit her now.

MargaretT

Well back from hospital and unfortunately there doesn't seem to be much of a change.

I suggested that GD talk to her allocated social worker and advocate about her housing and also to ask the social worker to take a look at what benefits she may be entitled to.

What did plesantly surprise me was that the GD asked me to contact a local solicitor and ask him to get in touch with her. She has started to figure out that he accomodation might be in danger and she is taking some steps to counter that. I suppose that shows that her mind is working someway.

Savvy_Sue

An advocate isn't a legally trained person, but someone (hopefully trained!) to represent your GD if she is unable to do so clearly / calmly / fully, especially when under stress.

Make sure you get a solicitor with experience of tenancy issues, esp. as it's a licence not a full tenancy. Shelter may be another useful organisation, they may have a list of such solicitors.

Good advice from Errata: if the ward don't know about the housing, they can't help with it!

MargaretT

Just to bring you up to date, I've emailed both rethink and shelter given them details of what is happening and asked for their general advice.