Mr and Mrs X approached GT Stewart in December 2019 following an outright order for possession being made against them earlier that month. Their Housing Association landlord, had brought proceedings for possession based on breach of tenancy/ anti-social behaviour arising from hoarding at their property.
Mr and Mrs X had lived at their property since November 2007. Mr X suffered with spinal problems impacting on his mobility, and Mrs X suffered mental health issues including a proclivity for hoarding. She was also undergoing treatment for breast cancer. Both were disabled by reason of their impairments.
Their property became the subject of complaints from neighbours in 2018 following a rat infestation due to the clutter in the front and back gardens. Inside the property there was an accumulation of belongings that had built up causing potential fire risk. Mr and Mrs X attempts to clear the property and gardens had been hindered by their impairments and difficulties in accessing the first floor of the property due to their mobility issues. The landlord first obtained an injunction requiring Mr and Mrs X to clear the property but they were unable to comply. Possession proceedings were then brought. Mr and Mrs X were not legally represented and at trial an outright order for possession was made. The landlord took steps to enforce the possession order and an eviction was set for 19 March 2020.
We were instructed following the making of the possession order and made applications to vary the possession order and suspend the eviction. Steps were also taken to initiate assessments of Mr and Mrs X need for care and support by social services. This led to the local council adult social services assessing they had needs and making arrangements for support. This included carrying out deep clean and clearance of the property.
Due to the outbreak of the COVID Pandemic, the applications along with the possession claim were stayed. During this time steps were taken to negotiate with the Landlord and highlight the lack of support that had been provided to Mr and Mrs X and how the condition of the property and the slow progress in addressing this arose due to their disabilities. This resulted in the landlord agreeing to offer alternative accommodation in a two bedroom bungalow, suitable to meet their health needs. This was accepted and a new tenancy was granted making enforcement of the possession order and our applications academic.
Mr and Mrs X were represented by Claire Wiles.
