Landlord falsely claiming abandonment

[Help needed please]

Hi All

 

Posting on behalf of a friend regarding a social housing letting where the landlord claims abandonment when they are aware that this is not true.

 

Background:

Tenant of social housing flat for 11 years.

Has significant mental health issues, heavily medicated, full access to mental health support and social services for ten years with diagnosed conditions.  Landlord Housing Association fully aware. 

 

Last year,  gas safety inspectors reported unhygenic conditions and tenants flat was a mess and full of rubbish so they reported it to housing association HA, who came out, inspected and then following communication, HA paid for a deep clean, tenant agreed to keep flat clean but did not, mainly due to mental health.

 

This year, last Thurs 23rd Feb,  same gas inspection due, they arrived and refused to enter due to condition of the flat.  Gas engineers called HA who sent officer out, who walked around flat and took photos, told tenant they would not help this second time and would be starting eviction proceedings.

 

Tenant had a breakdown, packed his tent and left for the hills on Friday 24th (so 6 days ago).

 

Was receiving emails from the HA about him cleaning his flat so that the gas safety inspection could be done as they refuse to enter in current state.   They also say that he has registered with a GP in another area which they were told by social services without the tenants permission.    ((In fact, the tenant had temporarily registered with a GP in area he is camping because he was admitted to hospital on 26th having had a breakdown and hospital advised him to temp register to get his strong medication while he is in the area as his meds are controlled and pharmacy would not give to him without prescription.  He is a suicide risk so he is only allowed a week supply at a time)). 

 

Tenant responded  yesterday to this email, saying he is away, does not plan to be away for any significant length of time but is having a breakdown due to the threat of eviction.  Exact wording used to HA was "I do not plan to be away for a significant amount of time" with an explanation that he is ill, suffering and cannot face the situation at the moment and also explained that his registering with a GP was temporary and he has no idea why the HA had been given that personal detail by social services when it is none of their business.

 

Response from HA is that because he has not told them when he will return (he's only been gone 6 days), and it is a condition of his tenancy that this remains his main residence (not a tent in a field) they have issued him with a notice to quit for abandonment and also say that they are now forcing entry into the property, will take possession before the notice period is served in the notice to quit and will also cap the gas because they have not been able to complete the gas safety inspection.  It;s odd that gas engineers refused to enter the property when he was there to inspect, yet seem happy to enter to cap it but this means that when he returns (if they have not already taken the property off him) he will have no heat or hot water. 

 

He is very very distressed by this and I am not sure that it is legal?  He has told them prior to this notice to quit that he is not abandoning and has only been gone 6 days, all of his belongings, appliances and personal possessions are in there.   He really does not want to say a date of return yet until he feels well enough to face it but it will only be a week or so.

 

Can they do this to him?   It seems an underhand tactic when they know he is now homeless and just seem to want him out.   How does he respond to this notice to quit, especially with them saying that they may force entry and take possession BEFORE the notice date is reached due to the gas needing capping as they claim it is a safety issue which again seems a sly tactic.  He's expecting to go home when he's up t it to then find he has no home and his possessions are all gone. 

 

 

[Help needed please]

PS;   there are no rent arrears.  

[dx100uk]

i would contact shelter immediately, they not only deal with homelessness but also advice like you seek.

the Gas capping will typically be done externally just for your ref. 

[stu007]

Hi

 

It is a difficult situation as the Housing Association has previously assisted to clean the property after it being reported to them by the Gas Contractor carrying out a Gas Safety Inspection. Then at the next Gas Safety inspection the same issue except the Gas Contractor refuses to entre the property due to its condition.

 

Due to his Mental Health issues he should be classed a vulnerable and what assistance to maintain the property after it was reported by the first Gas Contractor about the condition of the property (apart from a deep clean) to help them maintain the property did both the Housing Association and Social Services do to assist them? (or due to his mental health did he refuse any further assistance after that deep clean)

 

The actions of them saying he has abandoned the property  is extreme even just for 6 days away and has he been served an abandonment notice?

 

The first thing they need to do is go back to that Temp GP and explain in detail what is happening and the abandonment notice by Housing Association without taking into account his Mental Health Breakdown and if they could write/contact the Housing Association to explain this (he must give the GP full permission to do this as a matter of priority)

 

What you use against the Housing Association is their own Policies so please tell us which Housing Association this is?

[stu007]

Hi

Any further update on this?