Mental Capacity Act and Tenancy Agreements 19 November 2025

Aims

Many local authorities and other organisations struggle with 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.

Programme: 

The day will include the following key topics: 

– Mental capacity…