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  • Legal FAQs

    Tenant has dementia - no family support

    Hi ,

    I'm not sure if this is the correct section but if not please move.

    I was asked to buy a property from a friend who is looking to sell it ASAP.

    They have it currently tenanted and has been let to the same person for 7 years, The lady who owns it isnt a registered landlord, Doesn't know the regulations and now needs the money that is tied up in her property.

    The tenant is a elderly woman who has dementia, She has not paid any rent since June 18 and is making no attempt to pay, The property is in a severely distressed state and when I visited it the smell of urine was unbearable to the point I vomited outside.

    The tenants family are refusing to take her in and social services do not seem interested in putting her into care.

    The person I know just wants there property back to sell it to clear there debts they have incurred, But don't know the correct way to proceed correctly, She is also unsure if the tenant actually has a tenancy agreement for the property.

    Can anyone shed any light on the best way to proceed with this matter.

    Thanks.

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    Well you will need to issue proceedings for possession. At that point the local authority will be forced to step in and provide suitable accommodation.

    If the lady has dementia to the extent that she has no capacity then you will need to arrange a suitable litigation friend for her.

    If one of the children will not do it then the official solicitor will need to be involved. You really need to instruct a solicitor basically.

    Possession is probably possible but it will take a while and be pretty costly. You may be able to get the solicitor to defer their fees until the property is sold, we probably would in the right circumstances.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Bargepole springs to mind.

    The homeowner could remortgage for potentially up to 75% of value - though quite what the real open market value would be is debatable - on the face of it maybe half of what it would fetch in good order with vacant possession.

    Any buyer would need to factor in the costs/time to get eviction via Courts - plus cost of refurb.

    Current owner could I assume also remortgage their PPR etc.



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    The current owner is in her 70's Sorry I should have mentioned this, She has no interest in being a landlord and the property needs a full rip out and extensive works to bring up to a livable state.

    She just wants to sell and clear her feet, She also has been left heavily out of pocket and wants to offload quickly.

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    In this situation she would get a better price with vacant possession - so maybe she should instruct a Solicitor to get the ball rolling as suggested above.

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    Contact the Safeguarding Team, either through the local council or by calling 101. Your description suggests self neglect and financial abuse, both of which are common in these circumstances.

    The team have a duty to investigate this lady's circumstances and will implement any necessary measures. They will only be interested in the wellbeing of the tenant and are unlikely to offer any assistance for the landlord. However, if the tenant is found to be at risk, she will likely be referred to the Crisis Team who will have appropriate accommodation for her.

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