2) Perhaps on the Human Rights Act. The Equal Human Rights Commission has published Human Rights at Home: guidance for social housing providers. The Commission draws attention to housing providers who have provided housing to persons who do not have the intellectual capacity to enter into a rental agreement, but who do not grant benefits and rights equivalent to rent to such persons. The guide states that the provider could instead „grant other leases in order to maintain the confidence of residents.“ The response therefore appears to be an invitation to the local housing authority to provide housing held in trust by another. Wychavon and the other case seem (I guess I must be wrong) cases where the lease is entered into after a job has already been created. Wychavon seems to suggest that the parents entered the lease with their daughter to cover the costs after occupying the property for a while. 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. If you know that there is already a power of attorney or alternate, this should be your starting point. A small hint of caution here – there may be a few former MPs (before the law came into force) for whom they don`t have sufficient powers to sign the deal. If not, you should go to the Protection Tribunal to obtain the necessary order to sign or surrender the lease. The position on customary law and fairness arising from the Privy Council`s decision in Hart v.

O`Connor is that a contract with someone who is unable to enter into such a contract is questionable by the person who is unable to do business, if the other party were informed of his or her lack of capacity. The same applies when a person wishes to terminate their lease. The general principle is that a person who is not able to do business cannot enter into a fully binding contract, which includes a lease. First, there should be a thematic assessment of capacities, i.e. an assessment of their ability to enter into a lease. Only if they do not do so is an application to the protection court possible. But none of them are simple. A person without capacity cannot normally enter an LPA, and each of the other two options requires a £400 fee, a legal fee and a request for time before the Protection Court. In a situation where a lease is only available briefly, where a person has had to leave home or leaves institutional care and desperately needs a lease, there may not be time.. .

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