A tenancy is a written agreement between you and your landlord setting out your rights and responsibilities, and may include:
- Start date/length and details of who is signing the tenancy
- Rent amount and when it’s due
- A list of responsibilities, e.g. paying rent on time, engaging with support provided
- A list of your rights, e.g. the landlord won’t come into your home without asking first.
Court of Protection
If a person ‘lacks mental capacity’ to sign a tenancy agreement, you will need to apply to the Court of Protection. They make decisions on financial or welfare matters for people who do not have the mental capacity to do so themselves. Where appropriate, the Council can apply to the Court of Protection on your behalf.
You can apply to become someone’s Deputy if they ‘lack mental capacity’ and are over 18 years of age.
As a deputy, you’ll be authorised by the Court of Protection to make decisions on their behalf, avoiding delays and debt when handling their finances and paying bills. However, the Deputy must make sure that the person’s money is kept completely separate from their own finances.
If you’re appointed a Deputy, you’ll receive a court order saying what you can and can’t do (external link).
A Deputyship automatically ends if:
- The person it concerns regains mental capacity and can make decisions for themselves
- The Order expires.
How to apply