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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The court granted us (Housing association) a possession order

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The court granted us (Housing association) a possession order for non-payment of rent and tenant was required to leave property on 9th April 2015. (the tenant was also causing severe nuisance to neighbours, but grounds for eviction were non-payment of rent). He did not leave and the bailiffs date to evict him is June 23rd. Meanwhile he has been admitted to hospital (on May 26th) for mental health problems. If the hospital wants to discharge him before June 23rd, can we refuse to take him back on the basis that his tenancy has ended. (Does the possession order actually end the tenancy?) We are not sure if he was admitted on a mental health section, but would that make any differeence?
Hello my name is ***** ***** I will help you.
Sadly not. This is because although the tenancy has ended he has not given up possession or been evicted. Therefore on that basis although the Court has ordered possession he is still 'in possession' ie got the keys and not been evicted.
As for being sectioned under the Mental Health Act he may have a possible ground to stay proceedings as he could argue that he does not have capacity and needs a Litigation Friend.
But you can't refuse to let him back until formally evicted or has given up the property.
Can I clarify anything for you about this today please?
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