Long term MH sufferer being evicted in two weeks

[Billoddiesbeard]

Not sure if I should be posting in mental health or legal topics,,,,,,

Long story short .....my younger sister was diagnosed with bipolar disorder 30 years ago. She has had many more depressive episodes than manic ones and has been on a variety of meds over the years.
She has two adult sons, the oldest who has little contact with his mother for many reasons. Her youngest son who is 21 and Neuro diverse who she is sole carer for.
Over the years she has fallen into arrears with her rent, due to mental health episodes. These have always been paid off by the family once we have found out about them. Each time the housing association have assured us that they will mark her on their system as vulnerable but this doesn't seem to have happen as they have allowed these more recent arrears to accumulate again.
The house is in very poor repair due to her son punching doors and walls and years of general neglect.

The housing association phoned her this morning to advise they had gained a court order to evict her on 6th December.
While I understand the housing association losing patience and pursuing eviction, my question is are there any laws that protect her and her son from eviction this quickly and will she and my nephew stand any chance of being rehoused in anything other than temporary accommodation?

The local council won't talk to me as there is no LPA in place and her community mental health team do not deal with housing issues!
Any advice or signposting to somewhere/one who can help would be gratefully received.

I doubt this is the first occasion she has been made aware of the situation. Possession orders are the culmination of legal proceedings and notice will have been given long ago. It is not up to the HA to stop arrears ? Has she ignored previous notifications? Does she get benefits to pay towards housing? You could contact Shelter for advice.

https://england.shelter.org.uk/housing_advice/eviction/council_and_housing_association_tenants_eviction_for_rent_arrears

I’m sorry your sister is so unwell, and going through this. Have you talked to Shelter? You need all the info to assist her, but I feel like you’re only likely to have some of the relevant facts. Your sister will definitely have known she was under eviction proceedings but presumably didn’t feel able to do anything about it.

Does your local council have a debt advice service? This is the sort of situation they specialise in and she will have been written to by them offering help.

Your local CAB will also have a housing officer, approach them after the council if you get no joy.

I'd really recommend being with your sister and calling the council debt advice people as well as CAB while you are together and getting her consent for them to deal with you on her behalf.

The housing association phoned her this morning to advise they had gained a court order to evict her on 6th December.

OP if you read through the link I posted it’s possible that 6th Dec is not the eviction date but the possession date after which they can instruct bailiffs to evict her. The link says eviction may still be able to be stopped but you need legal advice, and all the facts, quickly.

Adult social services maybe she needs a supported living sheltered housing?

Thank you. I expect you're right and she has had letters that have remained unopened, this is one of the symptoms of her depressive episodes.
Unfortunately I live abroad so cannot physically check what communications she's had ......and potentially ignored😞
She hasn't been receiving benefits, they stopped when she got a small inheritance from my dad and she subsequently didn't organize to get them reinstated when her money ran out.
I have only found all this out today.......she went non-contact two years ago.

Thank you for the link, I expect you're right and she has had letters that have remained unopened, this is one of the symptoms of her depressive episodes.
Unfortunately I live abroad so cannot physically check what communications she's had ......and potentially ignored😞
She hasn't been receiving benefits, they stopped when she got a small inheritance from my dad and she subsequently didn't organize to get them reinstated when her money ran out.
I have only found all this out today.......she went non-contact two years ago.

I have spoken to the council again and although they could not in anyway discuss her case with me a very helpful lady said she would try to contact her.
My sister has just phoned me to say the city council have arranged a telephone appointment with a housing officer tomorrow 🤞

This would be a wonderful option for her but I'm not sure if it would be made available to her given her previous years of poor tenant history.

Thank you all for your replies. Mumsnet is such a wonderful place when you are feeling overwhelmed by circumstances you have little or no control over

Another option may be asking your sister whether she'd consent to you making contact with an organisation like her local Mind or a wellbeing support service local to her. If you tell them about her situation and that you're abroad, they may be able to assist her. Although they may want a referral from a referral partner like her GP, but might be worth a shot. They would maybe be able to liaise with services on her behalf.

I agree with others that if there is an eviction planned on the 6th (bailiff appointment) its likely she's had months if not years of notice that arrears are an issue and various steps have veem followed by the HA e.g. notices, suspended possession orders, maybe even a suspended warrant.

If there is a prospect she can pay current rent and the arrears off incrementally she could apply for a stay of eviction. It might not be granted though if the arrears are huge and she's got a very poor history of compliance.

But what she cannot do is bury her head in the sand.

Adult social services and the community mental health team might be able to help albeit not quickly. You could let the HA know and they might do referrals if they haven't already.

She needs to sort out her benefits, or get her son to help her or seek help from various charities who can assist.

Hope she can get some help.