Mental capacity

For a person to be a tenant and enter into a tenancy agreement, he or she must have the capacity to understand the contract. A prospective tenant without mental capacity cannot sign a tenancy agreement and will not normally be offered a tenancy. There are exceptions to this where there is a Lasting Power Of Attorney or Deputyship or where Power of Attorney or Deputyship has been applied for and where extremely tight criteria are met.

If there is any concern about the applicant’s mental capacity an assessment can be conducted by a mental health professional or a social worker. (See Appendix 4) Mental Capacity.)

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