Court of Protection Comes to Rescue of Problem Tenant

03 August 2011

Dealing with tenants who cause serious nuisance to other tenants is a common problem for social landlords. One of the most difficult situations to deal with is when a tenant develops a ‘hoarding habit’ and becomes obsessed with amassing refuse. This can lead to serious problems due to infestation by vermin and so on.

The problem is that such individuals are often mentally ill, and thus not capable of engaging with the various enforcement procedures available to the local authority responsible. As a result, the tenant cannot participate in defending proceedings against them and this renders impractical the use of many of the measures available. This can lead to the council seeking a possession order as the only practical way to rectify the problem.

In a recent case, an elderly man developed paranoia. He denied the council access to his home to undertake annual gas inspections on the property, with the result that he was considered to pose a danger to his neighbours. He also refused to allow the council to convert his home so that it was all electric, which would have removed the need for the inspections.

The problem was dealt with by an application to the Court of Protection, which came about as a result of cooperation between the Official Solicitor, the council and social services. The Court of Protection deals with the affairs of those who are unable to do so themselves owing to incapacity. The Court is often involved when someone lacks mental capacity and it must act in the best interests of that person.

The Official Solicitor applied for an order from the Court to require the works to be done and for the man to be required to reside in a specified care home for the period during which the works were being carried out. It allowed him daily access to his property, so that he could see what was being done. Although this was stressful for him, it was less stressful than being served by a bailiff with a notice of eviction would have been.

For more information on this subject or any other legal matter,
please contact us:

Tonbridge: 01732 770660
Sevenoaks: 01732 747900
Email: marketing@warners-solicitors.co.uk