Q&As

What is the appropriate protocol where the tenant in question may not have mental capacity to contract or litigate in relation to the termination of the tenancy?

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Published on LexisPSL on 28/09/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • What is the appropriate protocol where the tenant in question may not have mental capacity to contract or litigate in relation to the termination of the tenancy?

It is important to consider the rights of the tenant, the common law and statutory assumption of capacity and the formal tests for mental capacity which vary depending on the context of the action in question. In particular, section 1(2) of the Mental Capacity Act 2005 (MCA 2005) provides that 'A person must be assumed to have capacity unless it is established that he lacks capacity'.

For more information on mental capacity, see Practice Note: Mental capacity—an introduction.

For information on when a person may lack capacity to enter into a contract, see Practice Note: Capacity to make gifts, settle property and contract.

For information on when a person m

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