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. If you are looking for a mental capacity assessment for housing please get in touch.

What is a mental capacity to manage a tenancy?

Like any other assessment of capacity, the mental capacity act allows for assessment of someone’s ability to understand, retain, weigh and communicate the implications of taking on a tenancy agreement. Mental capacity should be presumed to be present, but if there is evidence of a mental disorder and impairment, it may be prudent to request a capacity assessment.

How can a mental capacity assessment for a tenancy agreement be arranged?

Our experienced psychiatrists can arrange a capacity assessment of a tenant or prospective tenant and complete a COP3 form to enable the Court of Protection to appoint a deputy or another suitable person.

What steps can be taken if someone loses mental capacity to manage accommodation?

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.

What is capacity to manage a homeless application?

To obtain social housing in the UK, an individual needs capacity to make a homeless application. Sometimes local authorities and housing associations have concerns regarding an applicant’s capacity to make homeless application.

What is intentionally homeless?

When someone breaches their tenancy agreement or licence agreement, this may occur as a result of lack of capacity or an “aberration of mind”. We have extensive experience on advising local authorities and housing associations on such matters and can provide a quote if requested.


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