Mental Capacity to Manage a Tenancy

A summary of case law of capacity to manage a tenancy and issues relating to management of property, for example licence agreements for supported accommodation or intentionality decisions for Local Authorities.

What is a mental capacity to manage a tenancy?

A person can appoint someone they trust to act on their behalf in managing their affairs should they lose Mental Capacity. Similarly, the Court of Protection can appoint a Deputy to act on a person’s behalf in managing their affairs when they have lost capacity in this respect and have not given someone else the legal authority to act on their behalf.




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