Mental Capacity Act and tenancies

Court of Protection Guidance (opens new window)

The Association of Public Authority Deputies (APAD), and other court users have asked the court to issue guidance about applications in relation to signing or terminating tenancy agreements on behalf of adults who lack the mental capacity to understand or sign the agreement themselves.

This guidance has been drawn up with the approval of the senior judge of the Court of Protection, and sets out the circumstances when it may be necessary to make an application, and sets out how to do so.

39 Essex Street summary of the law (opens new window)

Further information may be found in a summary of the law in relation to the incapacitated adult and tenancy agreements or licences.