PROPUESTA DE LINEAMIENTOS TEÓRICOS PRÁCTICOS

Tom is aged 63. He lives on his own in a three-bedroom house he shared with his parents until they died in quick succession approximately three-years ago.

Neighbours have been complaining since that time about the untidiness of Tom’s garden, which is a source of vermin. The problem has gradually worsened over time. You have now received the following letter:

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113 Tanner Way Woolston

X85 4RF

The name of your Housing Association The address of your Housing Association

Dear Sirs,

Tom Mayhew, 85 Tanner Way, Woolston

You may recall that I am the chair of the local Neighbourhood Watch and Tenants’ Association. You may also recall that I have complained verbally on countless occasions about the state of the garden at the above property, occupied by your tenant.

At the most recent meeting, all tenants present (all of your housing association and whom either reside in accommodation on Tanner Way or the neighbouring streets) expressed their anger at the state of Mr Mayhew’s garden which is a source of vermin. Many tenants also expressed concern that there are piles of newspapers and other combustible materials piled up on all window ledges in the house. I have called on Mr Mayhew on several occasions in an attempt to take a more conciliatory approach but he has not answered the door.

I would be grateful if you would please confirm in writing that you will now take some remedial action against Mr Mayhew?

Yours faithfully,

Rose Middleton

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What steps would you take at this stage? Probe – any further info sought from whom? Probe for which agencies? EHOs?

Probe for any concern there may be health issue given the age of the tenant - Probe do they suspect mental impairment?You send a letter to Mr Mayhew but receive no reply within the expected / your policy’s timescale.

You carry out a home visit, but Mr Mayhew does not answer the door. You also see that Mrs Middleton’s complaints are substantiated: there are piles of newspapers and other combustible materials on all window ledges and there is vermin in the very untidy garden.

What steps would you take at this stage?

Probes – any further information sought from whom?

Probe for which agencies they would expect to get / already have involved Probe for who (themselves, manager, other agency) or what determines what happens at this stage?

Probe for risk assessment, what this entails; probe for how risk is assessed? You send the following letter to Mr Mayhew.

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[YOUR NAME] HOUSING ASSOCIATION LIMITED Your address

Your Ref:

Your Telephone Number: Tom Mayhew,

85 Tanner Way, Woolston

BY RECORDED DELIVERY Date

Dear Mr. Mayhew,

Complaints about your house and garden

I have received numerous complaints concerning the state of your garden which has not been tidied for many years and also the stacks of newspapers and other

combustible materials which are visibly stored on your window ledges. Your garden is a source of vermin and presents an environmental nuisance to neighbouring tenants. Storage of combustible materials presents a fire hazard which could have serious if not fatal consequences for yourself and your neighbours

Please contact this office on receipt of this letter. It is important that we discuss the state of your property and arrange for it to be tidied. If you fail to do so we will have no option but to serve you with Notice of Seeking Possession followed by:

1. Possession proceedings as a result of which you may lose your home and 2. A court order called an injunction which will enable us to gain access to your

accommodation and carry out the necessary work of clearing your garden and house.

Yours sincerely,

Housing Officer (name)

What legal proceedings would you take at this stage?

Probe for what type of proceedings? Are they as stated in the letter? Possession and / or injunction?

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Probes – would you seek any further information at this stage and who from?

Probe who or what determines what happens at this stage?

You receive no response from Mr Mayhew and after a number of failed attempts to contact him, you issue a NSP and then commence proceedings. A defence is submitted claiming that it would not be reasonable to take proceedings against an elderly and vulnerable man, making no further assertions about his vulnerability.

What would your response be? Probes - Would you seek further:

 Information /  Clarification /

 Evidence of vulnerability?

Two days before the trial, a psychiatric report is submitted confirming that the defendant, Tom, was very difficult to engage and they suspect he has long suffered from a schizotypal personality disorder, psychotic depression and obsessive-

compulsive disorder of which Tom has no insight. However, the report confirms that the condition is susceptible to treatment which the psychiatrist considered could be successful. The psychiatrist confirmed his opinion that Tom was “an elderly,

vulnerable man” and losing his home “would be highly detrimental to his health.” What decision would you come to in this case and why?

Probe – do they believe this medical opinion? ?

Probe – why/not?

What steps would you take to allow Tom to stay at his property?

Probe for what adjustments / support / may be offered or whether an offer of alternative accommodation may be made?

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Probe – is he deserving of such measures?

Probe whether they think they have done enough? Whether they would have done anything differently?

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