Tenancy Agreement Capacity Assessment

Home // Men­tal Capac­ity // Men­tal Capac­ity — Rental Rental If you know that there is already a man­date or alter­nate, this should be your start­ing point. A small hint of cau­tion here – there may be a few for­mer MPs (before the law came into force) for whom they don‘t have suf­fi­cient pow­ers to sign the deal. If not, you should go to the Pro­tec­tion Tri­bunal to obtain the nec­es­sary order to sign or sur­ren­der the lease. www.housinglin.org.uk/_assets/Resources/Housing/Housing_advice/Guidance_on_tenancy_agreements_v2.0__.pdf This arti­cle con­tains excerpts from a new group care guide Inform adults about men­tal per­for­mance, rentals, and licens­ing agree­ments. The guide was writ­ten by Aasya Mughal, Direc­tor of Edge Train­ing & Con­sul­tancy Ltd. Sub­scribers can read the full guide and access other resources for the Men­tal Skills Knowl­edge and Train­ing Cen­tre at Inform Adults. You sub­mit a sim­ple rental appli­ca­tion to the pro­tec­tion court which can sign or ter­mi­nate a lease What does the LA do in the case of a ser­vice user who is unable to accept a rental con­tract? The first point to remem­ber is that a lease is sim­ply a kind of con­tract. Through­out the coun­try, some local author­i­ties have sub­mit­ted rental con­tracts to their ser­vice users and asked them to sign, although they know that the per­son does not have the men­tal capac­ity to enter into a con­trac­tual agree­ment. In the past, I have been asked to indi­cate where an appli­ca­tion was sub­mit­ted in the wrong form or if it did not con­tain the nec­es­sary infor­ma­tion. This resulted in unnec­es­sary delays and other pro­ce­dural hur­dlees before the owner could secure the order.

The pro­ce­dure is very sim­ple as long as it is explic­itly stated that the only court injunc­tion con­cerns the rental agree­ment and no fur­ther inves­ti­ga­tion is nec­es­sary. Once this is done, the start­ing point should always be whether there is an appro­pri­ate per­son who can make the nec­es­sary deci­sion (either to enter into a lease or to ter­mi­nate it) through the process of inter­est best described in the Men­tal Capac­ity Act 2005 (‘the Act‘). If there is a reg­is­tered LPA or an alter­nate has already been appointed for prop­erty and busi­ness, the lawyer or alter­nate would nor­mally make this deci­sion. Peo­ple make deals all the time. Some­times they are rec­og­nized more for­mally, for exam­ple. B when a cou­ple mar­ries, and some­times less for­mally, z.B. if you lend £5 to a friend with the promise that he will be returned. Alter­na­tively, some pro­fes­sion­als have asked another per­son to sign on behalf of the per­son who lacks men­tal capac­ity, although the other per­son has no author­ity to do so. In some cases, man­agers have signed sup­ported units on behalf of a ten­ant who lacks men­tal capac­ity, again with­out authority. .

. .