Mental Capacity Act and Housing Tenancy Agreement

Rhiannon Mainwaring, JMG Training & Consultancy

Target Audience: Social Work Teams and Housing Department

This course will outline the law concerning the creation of tenancy agreements for those lacking mental capacity.
A number of court judgments have illustrated the common problems faced by staff, and the consequences of unlawful tenancy agreements.
This course will consider how staff should assess mental capacity in relation to tenancy agreements and the key case law in this area.
It will also consider the legal validity of tenancy agreements signed by, or on behalf of, those lacking capacity; and when people lacking capacity may be placed without a tenancy agreement being in place.
Delegates will be provided with examples of when applications to the Court of Protection may be required and the practical procedures relating to this.
The role of attorneys and deputies, in relation to tenancy agreements, will also be discussed.

This course will consider how staff should assess mental capacity in relation to tenancy agreements and the key case law in this area.
It will also consider the legal validity of tenancy agreements signed by, or on behalf of, those lacking capacity; and when people lacking capacity may be placed without a tenancy agreement being in place.
Delegates will be provided with examples of when applications to the Court of Protection may be required and the practical procedures relating to this.
The role of attorneys and deputies, in relation to tenancy agreements, will also be discussed.