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Court Of Protection Guidance On Tenancy Agreements

Coronavirus (COVID-19) Legal Advice and Instructions 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. Municipalities must therefore consider whether customers who ask them to sign rental agreements really benefit from the exclusive occupation of their dwelling. If they don`t, local authorities may need to ask them to sign licensing agreements (if they are mentally successful). A cover letter should be added attesting that the application is for a rental contract only and that the necessary registration fees are in place. People make deals all the time. Sometimes they are recognised more formally, for example.B. when a couple gets married, and sometimes less formally, for example.B. if you lend £5 to a friend with the promise that it will be returned. You apply for pure tenancy with the protection court which can sign or terminate a rental agreement Before employees judge whether a person has the mental capacity to sign an agreement, they must check whether they have actually given them the correct document. Is the person really subject to renting or is it actually a license to occupy real estate? This can be a problem, whether or not someone has mental abilities. When documents are handed over by local authority staff to customers, you need to make sure that any documents that the person needs to sign accurately reflect their legal rights. The starting point is that, if a person does not have the intellectual capacity to sign a lease, any person who intends to sign the contract on behalf of the person can only do so with the authorization of the protection court or if he has a permanent power (“LPA”) or if he is an alternate appointed by the courts.

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