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Renting a property then being in a coma in hospital

Let's say for example you rent a flat and have a decent pay job etc, all is fine. Then one day you end up in a coma in hospital for say around four months because you were involved in a car crash.

Obviously your income would then stop as you would be unable to go to your job. Then you'd eventually run out of money to pay your rent, not to mention all your other bills.

What would happen with regards to the rent?

Would the landlord most likely be ruthless and issue the relevant section notices in your absence meaning that once you are out of your coma you find you are homeless as another tenant now lives where you did before your coma and all your possessions have been disposed of?

Has anyone here ever been in a situation like this?
:o

Comments

  • HampshireH
    HampshireH Posts: 4,846 Forumite
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    Well, in theory yes give or take the timescales.

    However often people have a family/friends who would put measures in place to reduce the impact
  • elsien
    elsien Posts: 35,554 Forumite
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    edited 27 May 2018 at 7:24PM
    Presuming there is no power of attorney in place it would eventually have to go to the Court of Protection to take over the person's finances and potentially end the tenancy.
    This is also what happens with people with dementia who go into hospital and are unable to return home. The deputy (who may be a family member or an organisation paid to take on the role) would also deal with the person's possessions.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • HampshireH
    HampshireH Posts: 4,846 Forumite
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    One would assume the theoretical person in question was not entitled to sick pay? No-one notified the landlord and therefore the assumption was made that the property had been abandoned.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    The tenancy would continue or end under the unusual rules. That is until the tenant serves notice or the landlord serves notice, section 21 no fault notice and/or section 8 for breach of the tenancy agreement, followed by possession order etc.

    I guess the main issue would be the rent although leaving the property unoccupied in breach of the tenancy agreement may also be an issue.

    If rent is paid automatically by direct debit or standing order then I assume it will go on being paid until the money runs out. Presumably that will take a while as the salary or sick pay will still be paid.

    The landlord can serve 14 days notice under section 8 if there's two months rent arrears. The landlord then gets a possession order from the court, then bailiffs etc. which may make a couple of months or so.

    If all that goes through the landlord would have to store the tenant's possessions for a time and attempt to return them.

    It would be unlikely that there is no one to step in for the tenant during that time even if only to put the tenant's possessions safely in store.

    In addition there will be utility bills etc. that will also need paying while the tenant is still the tenant so problems may arise there too. All in all the tenant may be better of with the tenancy ended so the outgoings the tenant is liable for are reduced.

    Perhaps the best thing is for everyone to have asked a family member of friend to help organise things in case such a situation occurs. I guess most people have someone that automatically assume will take charge, partner, parent etc.
  • elsien
    elsien Posts: 35,554 Forumite
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    edited 27 May 2018 at 8:13PM
    Without power of attorney family/friends can't access the person's bank account or any other finances to take charge of anything. Nor do they have legal authority to end the tenancy on the person's behalf. So unless they can subsidise the person until they regain capacity (if they do) then it becomes very difficult in the short term.
    There's a case in here that may be of interest.
    http://www.39essex.com/content/wp-content/uploads/2014/11/mc_newsletter_august_2014_property_and_affairs.pdf

    The same issues also apply to people sectioned under the MHA who are too unwell to deal with their finances although in most cases people regain capacit this can occasionally still take months.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    That's why a relevant insurance policy is worth having.
  • Let's say for example you rent a flat and have a decent pay job etc, all is fine. Then one day you end up in a coma in hospital for say around four months because you were involved in a car crash.

    Obviously your income would then stop as you would be unable to go to your job. Then you'd eventually run out of money to pay your rent, not to mention all your other bills.

    What would happen with regards to the rent?

    Would the landlord most likely be ruthless and issue the relevant section notices in your absence meaning that once you are out of your coma you find you are homeless as another tenant now lives where you did before your coma and all your possessions have been disposed of?

    Has anyone here ever been in a situation like this?


    Yes, I am having this situation now. My tenant had a traffic accident 2 weeks ago, and has been in coma since. After having an operation she has difficulty to breath by herself. Police has contacted her next of kin through embassy. Now the mother is coming from a foreign country to look after her. I was asked by her friend if I could allow the mother to stay in her flat. My immediate response to her friend was yes. I want to ask: is there any complications in future if I have to serve a section 21 or section 8 notice?
  • Crashy_Time
    Crashy_Time Posts: 13,386 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    What makes you think the rent will stop?
  • I think the tenant is paying month by month, not standing order.
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