ABSTRACT
Consider and obtain all the information that might be relevant when deciding whether to sign a tenancy agreement. A tenancy agreement is “voidable” if the person who signs it lacks the mental capacity to understand the decision being made. People with appointeeship, acting on behalf of someone who lacks the capacity to manage his benefits and appointed by the Department for Work and Pensions in the UK, do not have the legal authority to sign a tenancy agreement on behalf of another person. Anyone undertaking a capacity assessment will, as has been explored in other chapters, need to decide at what level the threshold is set for understanding the information relevant to the decision. Anyone involved with the person can assess her capacity if it is in doubt. However, only certain people can then decide whether it is in the person’s best interests to enter into a tenancy agreement if she is deemed to lack capacity.
