Elderly tenant - moral dilemma

Apoorwoman

Folowing many weeks in hospital (bed blocking), elderly tenant agreed to go to a nursing home, where he still is. He apparently looks extremely well but requires a great deal of assistance and it was decided that there was no way he could return home.

My friend contact her solicitor regarding the Assured Tenancy and a few weeks ago the elderly tenant signed away his tenancy. Obviously all rental payments have now stopped.

Elderly tenant’s nephew agreed to arrange a house clearance, but not until his uncle had returned to the house to collect any possessions he wished to keep. The home were unwilling to take elderly tenant back to the house as they were not insured to do so. Likewise his social worker. We have now got the social worker to agree to take him in a taxi, but this will now not be done until Monday as she has been on holiday for two weeks.

My elderly friend has now received a letter from the local council (sent to an address she left five year ago) stating that under the Housing Health & Safety Rating System 2004 they will be gaining entry to the house this coming Tuesday for an inspection.

My friend is now in meltdown! Through no fault of her own she is being put through even more stress. Yes, the house is a mess, inside and out, but our decorator refuses to even go into the house until it is totally cleared - it is just a catch 22 situation.

Anyone else had experience of this?

getmore4less

Apoorwoman wrote: »

My elderly friend has now received a letter from the local council (sent to an address she left five year ago) stating that under the Housing Health & Safety Rating System 2004 they will be gaining entry to the house this coming Tuesday for an inspection.

As she is no longer a landlord and there is no occupier

What is the most likely outcome if there are hazards?

Some guidance here
https://www.gov.uk/government/publications/housing-health-and-safety-rating-system-guidance-for-landlords-and-property-related-professionals

-taff

She lets the tenant take his possessions on the monday and then explains to the council that the house is being cleared in the coming couple of weeks.

Why do the council have a right of entry to a private house if there is no longer a tenant?

Apoorwoman

Thank you both for your helpful replies - as you point out she is no longer a landlord.

What would have triggered such an inspection? The neighbours have been most understanding in this long saga. I presume someone has complained regarding the appearance of the place, though from the road it is only the garden that needs attention, just overgrown, no rubbish there.

Jenniefour

Apoorwoman wrote: »

Thank you both for your helpful replies - as you point out she is no longer a landlord.

What would have triggered such an inspection? The neighbours have been most understanding in this long saga. I presume someone has complained regarding the appearance of the place, though from the road it is only the garden that needs attention, just overgrown, no rubbish there.

I wonder if the council have completely got hold of the wrong end of the stick. They might believe there's still an elderly and vulnerable tenant in there and that the landlord is not, in some way, meeting their legal obligations concerning the property and the tenant. I would be letting them know, in no certain terms if needed, that the tenancy has now ended. I doubt they would then have any legitimate basis at all on which to inspect the property, because it's not illegal to have an overgrown garden.

Most likely a misunderstanding that can easily be remedied.

Smodlet

Apoorwoman wrote: »

I cannot tell you the state we found the house to be in. I confess to being a smoker, but have never seen anything like this. The walls are dark brown, the net curtains are a deep yellow. The bath is full of newspapers dating back over ten years or more, have no idea how he washed. It is on a par with the documentaries screened regarding hoarders. The toilet had obviously been blocked for some time, but he had continued to use it, sorry too much information, but you get the picture.

The social worker also mentioned he had no hot water, this was due to the fact he would not switch it on. The telephone had been disconnected due to it costing money and the only heating he appeared to be using was a very old electric fire which he brought in himself.

He is on HB which he has to top up. Due to this she only charges him £400 pm as her late husband always stressed that this was to be his home for as long as he wanted and she has respected his wishes. The going rate in this particular village would be more in the region of £1100 pm but that is bye the bye.

Friend cannot cope with him returning to the house as frankly he is a danger to himself and she does not need the stress having recently had a heart attack herself and wants to put the place up for auction as we don’t think it would sell on the open market considering the state it is in internally.

Any thoughts or advice would be appreciated.

While I sympathise with your friend, I don't think the reason she was charging only £400 pcm is out of kindness; rather that she is lucky to have had that, given the state the place was in. Whoever is to blame for that, some landlords make regular inspections, or employ letting agents to do so.

I hope the situation is now resolved well for all parties.

getmore4less

Apoorwoman wrote: »

Thank you both for your helpful replies - as you point out she is no longer a landlord.

What would have triggered such an inspection? The neighbours have been most understanding in this long saga. I presume someone has complained regarding the appearance of the place, though from the road it is only the garden that needs attention, just overgrown, no rubbish there.

Could be the move to hospital then care triggered something , did go to review return to property?

Sounds like council should have been on the case some time ago they may not be keen on an investigation.

Anyway once they know there is no vulnerable person living there they may back off.

The plans for the place can start.