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Can I evict a tenant with a disabled daughter?

HousesTHis is a question to the blog clinic from Anthea who is a landlord

My tenant and her children have been good tenants and living in my property for nearly 5 years. One of her children is disabled and I allowed them to convert one of the bathrooms into a wet room.

I have served notice but they are having problems finding suitable wheelchair accessible accommodation with facilities for downstairs bathroom and wet room. Without this they will be homeless and the disabled daughter taken into care.

Can I still evict them and if it went to court where does the law stand with this type of situation. I want to sell my house and want the property to be vacated in order to do some work prior to this.

This is an unfortunate situation.  However I can’t see why you should not be allowed to recover your property back.  The fact that your tenant has a disabled child should not mean that you are forced to rent your property to them indefinitely.

There is disability discrimination legislation but as I see it you are not evicted them because of the disabled daughter – you would want the property back whatever type of tenant was in residence.

So I do not see how a Judge could refuse to award you possession if you used the section 21 route.

The tenant will be eligible to be re-housed by the Council as she will fall within the priority need category although as you say it may be difficult for them.

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One Response to Can I evict a tenant with a disabled daughter?

  1. I cannot see why you cant evict them, but keep in mind you provide accommodation for a disabled person and for as long as they pay and you are happy keep them there, you do a good deed it will come back to you



About the post author:

Tessa Shepperson

Tessa is a lawyer and specialises in creating products and services which help landlords and letting agents learn and understand landlord & tenant law. For example, she runs the Landlord Law website (now in its 14th year) and is a director of Easy Law Training Ltd and Your Law Store. Tessa also sits on the Property Redress Scheme Council. When not working she enjoys reading, cooking and messing around on the computer. You can also find her on Google

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Tessa is an English lawyer specialising in residential landlord and tenant law.

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