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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 2226
Experience:  Dual qualified Solicitor and Attorney
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I am owner/landlord of a property the tenant of which is

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I am owner/landlord of a property the tenant of which is suffering a mental breakdown and has been absent from the property for 5 months.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I am owner/landlord of a property the tenant of which is suffering a mental breakdown and has been absent from the property fo 5months although the rent continues to be paid and there are no arrears. The property is in a terrible state with belongings piled high in every corner and up the staircase and landing. I wonder what responsibilities I have as landlord , possibly fire risk or any other regulations
JA: Where is the property located?
Customer: 19 The Uplands. Runcorn.WA7 wUA
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Hi thank you for your message, would you be looking to end the tenancy or is your concern about their belongings? Is the tenant in a mental institution and sectioned under the mental health act do you know? Do you know if anyone has been appointed to represent them such as a guardian?
Customer: replied 4 days ago.
Don’t want to end tenancy, rent is paid on time by local authority so no problem there. Think she is really just very highly strung and unable cope with day to day responsibilities. Understand she has moved in with boyfriend and her 3 children are farmed out to relatives but is hanging on to house in case boyfriend doesn’t work out.
The property is in chaos, dirty and belongings piled high over everything and floors.
Her elderly parents are at wits end but unable to communicate with her, without a major upset.
I cannot see any resolution to this and have written to her under the tenancy terms, requiring her to arrange for the property to be cleaned a all rubbish disposed of.
What action can I take if she still does not respond, please.
Colin

Hi thank you for your message, this is a very difficult situation as you will have realised, in essence your options really are end the tenancy but you do not want to do that, use the terms of the tenancy as you have tried to do or ordinarily you could report the matter to the council such as environmental health but in the circumstances as it is rented you would be the responsible party. In the circumstances, however, I consider you would be within your rights to enter and clean up the property not least because in its current condition, it represents both a health and a large fire risk. Indeed, you could be fined or prosecution by the local fire authority for breaching fire safety by the flat being in such a condition. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

 

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