Mental Heath and Evection

raaboo

Hi Margaret,

My partner is a Mental Health Social Worker and advises:

Unfortunately, the landlord does have a legal right to evict if damage has been caused to the property or has threatened the safety of other residents (i.e. the caretaker)... however: The local council will have an obligation to provide emergency accommodation and housing because your GD is classed as a vulnerable person (pretty much automatic status when sectioned).

To be fair, it should also be considered that the landlord has the right to pursue charges (criminal courts) or recompense (civil courts) for any damage caused to what is essentially 'their property'. Given the circumstances, the chances of conviction under criminal law are almost non-existant owing to the circumstances and state of mind due to diminished responsibility. With the rule of being able to look after herself - the only person who can truly determine this is your GD. To be evicted on this basis is very tricky unless there is sufficient grounds from independent assessment (which, if the section was involuntary, the landlord could use) - although if your GD was sectioned to prevent posing a danger to herself, then things are different because this does not mean she cannot look after herself, it just means she was considered at risk of harming herself or others at the time - its really tricky

With any eviction, you are treading in to a minefield, even moreso with mental health. However key things to note about any eviction where mental health is a factor (and in this case it would be because the mental health condition effectively 'caused' the damage):
Landlords must be able to demonstrate that they have:
- taken the mental health in to account before starting proceedings (i.e. is eviction really necessary because of damage, or is it it actually only because of the concerns over mental health; what would happen to the residents mental health if they were evicted?)
- determined that legal action is necessary for the protection of other persons in the property or vicinity of the property (i.e was someone else hurt, threatened or left in a state of fear that cannot be resolved via other means)
- legal action is proportionate to the incident(s) (i.e. is eviction the only option? If your GD offered to pay for damage repair, would eviction be necessary?).

Best course of action:
Your GD pays for damage to be repaired and provides an apology to the caretaker - there is a duty of protection for the employer to the caretaker, but also to the landlord for the tenant; this is a real maze to get involved in, and is very tricky, but if your GD shows willing to provide recompense etc, then the path to eviction will be a minefield for the landlord.

I appreciate what everyone says about the caretaker also being a victim, and this is undeniable, however the GD is also a victim of their own mind, which believe me is much worse. The caretaker may be nervous and frightened of the GD, however a little conversation and understanding can actually ensure that the caretaker is able to provide support to the GD - remember that not every solution is about removing the 'problem'!