tenant is elderly and been in care with dementia for last 3 years, tenancy is assured form 1983 her son (not on agreement) has lived there last 3 years and had oral agreement to pay the rent to the LL, several months not paid
Would we have to serve an NTQ under case for rent arrears and under both tenant and son?
key question is the tenant has no mental capacity to defend and i understand would need to be represented pursuant to the Mental Health Capacity Act, how does that work in terms making the latter happen? especially in terms of serving the claim
1 Comment
Are you sure the tenancy is assured? Housing Act 1988 took effect from 1989. It’s more likely to be a regulated tenancy which would need notice to quit and then court order. A solicitor might be needed because even rent arrears is a discretionary case.
See here for evicting a regulated tenant.