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Signing or Ending a Tenancy Agreement for Someone Who Lacks Capacity
When a person moves into residential care, supported living or back into a rented property, they will likely have a tenancy agreement in place. If they lack capacity however, there is a chance that nobody in their family will have the authority to end the agreement on their behalf. This can result in the person continuing to pay rent unnecessarily, and an appropriate person will need to apply for authorisation to represent the tenant
This area of law can be confusing, but JMW’s experienced Court of Protection team are here to help you along the way. Call us today on 0345 872 6666 to find out more, or fill in our online enquiry form to request a call back at a time that is convenient for you.
How JMW Can Help
Our expert solicitors can advise you on your available options. If necessary, we can assist by making an application for the Court of Protection to authorise an appropriate person to deal with the tenancy agreement on behalf of a tenant who lacks capacity.
The application process can be daunting, troublesome and overwhelming, however, using our expertise and specialist knowledge, we can draft and submit applications to Court on your behalf, obtaining the authority required without any issues. In most cases, we can complete the application without the need for a Court hearing.
FAQs on Signing or Ending a Tenancy Agreement for Someone Who Lacks Capacity
Why is authority needed?
It is often mistakenly believed that social workers, family members or care managers can sign or end the tenancy agreement on behalf of an individual who lacks capacity. However, if the tenant does not understand the nature of the agreement (known as contractual capacity), an order will likely be required from the Court of Protection to authorise someone to sign the paperwork on their behalf.
Even though the Mental Capacity Act 2005 enables certain decisions to be made without the need to obtain any formal authority (i.e. under the best interests principle), it does not extend to signing legal documents, such as tenancy agreements.
An individual can only sign or end a tenancy agreement on behalf of an individual who lacks capacity if they are:
- An attorney under a registered lasting power of attorney or enduring power of attorney
- A deputy appointed by the Court of Protection
- Someone else authorised to sign by the Court of Protection
How much does it cost and who pays?
We charge a reasonable and competitive fee for making the application but there is also an additional Court application fee of £371 payable to the Court. All fees are paid from the assets of the person who lacks capacity.