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Original poster

Eviction from care home - what will happen?

214 replies

54321nought · 11/08/2021 01:29

Any experiences or insights of knowledge about what is likely to happen?

The dispute is over who pays the fees, the resident has been given a date to leave by, which is this week. The resident will not be leaving on that date, but is expecting to leave around a week later.

I am assuming there will be no physical eviction, or will there be? Will it take time to get a court order, as in evicting a tenant? Or will it be possible to evict the resident on the day of the dead line they have been given?

What form will the eviction take? Bailiffs etc? ( resident cannot walk)

And if not evicted on the day of the deadline, what will happen after that, between the deadline day and the day they actually leave?

They are dependent on staff for care, dressing etc, and taking to the toilet, and of course for being given food.

Will this continue? Or will they be left?

I am assuming care will continue while the individual is in the home, but I am not sure.

Anyone with any knowledge of these situations? It is a Bupa home, if that makes any difference.

OP posts:
FortunesFave · 11/08/2021 04:42

I don't have actuall experience but I did once see an episode of a programme about evictions and the Bailiffs had to evict a family for non payment of rent but they had a child with a LOT of complex special needs. The child had special breathing equipment...the bailiffs were very kind and waited a long time so things could be arranged but they still evicted them.

Does the resident have family to arrange a council run home for them? I assume they're elderly?

PatricksRum · 11/08/2021 04:53

@FortunesFave

I don't have actuall experience but I did once see an episode of a programme about evictions and the Bailiffs had to evict a family for non payment of rent but they had a child with a LOT of complex special needs. The child had special breathing equipment...the bailiffs were very kind and waited a long time so things could be arranged but they still evicted them.

Does the resident have family to arrange a council run home for them? I assume they're elderly?

The child ended up being admitted to hospital as their temporary accommodation would not house the medical equipment.

Sorry no advice OP. Bump

Leobynature · 11/08/2021 04:55

Why is there a dispute about fees? Your post lacks information.
I am presuming the manager of the home has given notice as fees are not being paid?
The resident needs to pay the fees to the care home for this week if they have savings over £23’500, if not the local authority may pay this week fees as long as the resident is care act compliant.
I have never known someone to be evicted from a nursing home as a solution is usually made between the family and manager.
If the resident has savings over the above threshold and does not have capacity then the care home will contact the local authority and raise a safeguarding concern if family refuse to pay and won’t care for the resident.
If the resident does have capacity, was aware of the fees before residing in the nursing home, has the money and is refusing to pay for the week then I guess the manager is well in their legal rights to call the police and have them removed from the premises however I very much doubt they will do this.
You can’t live in a care home for free, staff need paying and care is expensive, someone has to pay for this week

Interested in this thread?

Then you might like threads about these subjects:

Care homes Property legal advice
Crazydoglady1980 · 11/08/2021 06:23

There are so many other questions that need to be answered, is the person under social services or are family managing this?
My understanding is that they can not evict a vulnerable person without a place to go to as they still hold a duty of care. They can however contact social services or proceed to court for an eviction. This can take a while, it’s the same process that hospitals have to take when people refuse to leave.

Original poster
54321nought · 11/08/2021 07:14

no family, no. The resident was transferred to the home from hospital. They have been ordered to sell their house to pay the fees, but have refused.

I am presuming the manager of the home has given notice as fees are not being paid?

The fees have been under dispute for months. The home gave 24 hours notice of having to leave yesterday

If the resident does have capacity, was aware of the fees before residing in the nursing home, has the money and is refusing to pay for the week then I guess the manager is well in their legal rights to call the police and have them removed from the premises however I very much doubt they will do this.

I think this is the closest to the situation, as I understand it - no savings , but property. Would the police come today, do you think?

This can take a while, it’s the same process that hospitals have to take when people refuse to leave.

You sound like you know something about this - what happens in a hospital?

OP posts:
tara66 · 11/08/2021 07:26

I suppose a court order should be made for the property to be sold to paid this person's debts - that's what would happen normally. The property would then go to auction to sell quickly.

Rainallnight · 11/08/2021 07:29

I don’t know about this questions specifically, but for people talking about tenancy and eviction - it’s highly unlikely that residency at a care home is a tenancy per se, with all of the legal protections that offers.

But very interesting question as to what it actually is.

Jossbow · 11/08/2021 07:29

Does the persn concerned have capasity? Presumably so if they are refusing to sell their home. Who is the contractwith? The resident or their NOK?

Ultimately they maybe taken home to their property.

Will be devils own job arranging care at home if they wont pay

Toolateplanting · 11/08/2021 07:31

What does the allocated SW say? And if there is none, then ASAP call to adults safeguarding team at your local council. What is your relationship to the adult?

Beamur · 11/08/2021 07:32

I would contact my local authority and ask for advice. Social services for vulnerable adults.
Council may be obliged to help and have legal powers presumably to put a charge on the house?

Rainallnight · 11/08/2021 07:32

Aha. Lots of good info here. Care home residents are licensees, rather than tenants.

Care homes can give licensees 28 days notice to quit and can evict, though that relies on the person having mental capacity.

england.shelter.org.uk/professional_resources/legal/housing_options/housing_options_for_people_with_care_and_support_needs/care_homes_for_older_people

Original poster
54321nought · 11/08/2021 07:36

@Jossbow

Does the persn concerned have capasity? Presumably so if they are refusing to sell their home. Who is the contractwith? The resident or their NOK?

Ultimately they maybe taken home to their property.

Will be devils own job arranging care at home if they wont pay

Yes, they have capacity
OP posts:
IveGotASongThatllGetOnYNerves · 11/08/2021 07:39

The family need to tell them to sell the home. Does the person think the home is bluffing? The family needs to make the person understand that this will happen. They need to sell the house.

SD1978 · 11/08/2021 07:39

I'd (assume) they will be discharged to the home they are refusing to sell? With a care package, which will not be anywhere near as much as care in the home would be

Original poster
54321nought · 11/08/2021 07:40

@tara66

I suppose a court order should be made for the property to be sold to paid this person's debts - that's what would happen normally. The property would then go to auction to sell quickly.
If they have been told to leave today, and they don't I was assuming their house would be sold from under them, which you have confirmed.

They are early 60s, recovering from a stroke

They think they are going home and resuming independent living in a few weeks/months

(They are intending to return to work)

I am less anxious about a long drawn out legal dispute, as he might well be back at home and back at work by the time it is all resolved,

I am more worried about what will happen over the next few days!

OP posts:
Original poster
54321nought · 11/08/2021 07:41

@IveGotASongThatllGetOnYNerves

The family need to tell them to sell the home. Does the person think the home is bluffing? The family needs to make the person understand that this will happen. They need to sell the house.
There is no family
OP posts:
Blankspace4 · 11/08/2021 07:43

I thought that councils could pay for self funders whilst placing a warrant on their property so that the fees they have paid are reimbursed after the death of the individual.

Hercisback · 11/08/2021 07:43

Why can he not go home now? If he's going in a wwwk anyway?

Original poster
54321nought · 11/08/2021 07:43

@SD1978

I'd (assume) they will be discharged to the home they are refusing to sell? With a care package, which will not be anywhere near as much as care in the home would be
I am just wondering what this "discharge" will look like, the resident cannot walk. Will they be picked up and lifted out of the home?

Where will they be taken? Their home is uninhabitable at the moment - no water, electricity, town house on 3 floors- kitchen and bathroom is upstairs and they can't walk

OP posts:
IveGotASongThatllGetOnYNerves · 11/08/2021 07:45

That's sad. Is the person being realistic about their recovery and being able to return to their home and to work?

Depending on their condition, another option might be to go home, sell the house to one of those companies where you live there until you die and use the money to pay for care.

Jossbow · 11/08/2021 07:45

After reading your later posts, i guess they will be sent home, and a charge will be put on the property. When eventually its sold, they will get their money with interest.

If the person has capasity, they must surely see the irrationality of what they are doing

Original poster
54321nought · 11/08/2021 07:45

@Hercisback

Why can he not go home now? If he's going in a wwwk anyway?
Well, they are saying maybe in a week - I am not sure how realistic that is. He is in no state to go home today, anyway.
OP posts:
IveGotASongThatllGetOnYNerves · 11/08/2021 07:46

X post. Sounds like going home is totally unrealistic then. They'll just have to be taken through the legal process I suppose. Very sad situation.

Original poster
54321nought · 11/08/2021 07:48

@Toolateplanting

What does the allocated SW say? And if there is none, then ASAP call to adults safeguarding team at your local council. What is your relationship to the adult?
ex partner - and friend

I don't know ALL the details, but I don't think they are cooperating with the SW, as they are disputing the cost of making the electricity safe in the house too, which the SW had original planned and costed out.

OP posts:
Original poster
54321nought · 11/08/2021 07:49

@Blankspace4

I thought that councils could pay for self funders whilst placing a warrant on their property so that the fees they have paid are reimbursed after the death of the individual.
I would guess that there is 20-30 years until the death of this particular resident!
OP posts: