Tenancy agreements for People with Learning Disabilities

askmeafavour

:mad:

Im hoping someone might be able to shed some light and advice on this.

My nan is 65 and full time carer of her adopted son who is 30 and has severe learning disabilities. He cannot live independently and has the "mental age" of around a 3-4 year old so although can communicate effectively etc - does not have the understanding to go with it.

They are about to move from a council property, reluctantly into a private property with rent being paid by housing benefit. They are doing this because they are coming to live closer to myself so I can start to be more involved in their care and wellbeing now my nan is getting older.

My question is, because of Bobs lack of understanding and coherency when it comes to these kind of matters, will he still be made to sign a tenancy agreement? He wouldnt know what he was signing, and cannot "sign" anyway, he just writes a big backwards B when you ask him to write his name. They both receive full disability living allowances and my nan receives pension credits and carers allowance for Bob.

The lettings agency are having to look into it as a legal matter as they wanted to reference Bob because he is 30 years old but my argument was that they would be asking him to sign something he doesnt understand and my nan has already given me her savings of £1200 to cover her rental deposit etc and still has moving costs etc to pay - agency fees are astromical extra costs anyway - let alone having to pay £250 for them both to be "referenced"

I am acting as their guarantor as I earn a good wage in a full time job.

The agency are saying my nan needs to show legal documentation to show she has power of attorney, which she doesnt have because its just always been this way since he was a baby - now im worried that this perfect property we have found for them after searching for so long (they need lots of specifications like being in the same area as me, downstairs loo and walk in shower etc) we might loose it because the agency said the landlord might think its too complicating!

Ideally, my Nan would hvae stayed in council property but my authority wont help her as she lives out of area.

Can anyone offer advice or shed any light on this for me?

Thanks

G_M

Either the son acts for himself with all the legal responsibiliies of an adult, or he does/can not.

If he does/cannot, then someone has to legally act on his behalf. For this they would need documentation: POA? Ward of Court? I'm not an expert, but I do know that paperwork authorising nan to act for him would be needed. How is his income (DLA etc) managed? Bank acount? Does Nan have access to this? How?

You need expert advice from Social Services or try the Benefits forum over here where they might have previous experience of this type of issue.

askmeafavour

He has his own bank account but my nan manages it for him and has control over his bank card and his benefits going in etc - he doesnt hvae any idea about money or anything like that, he has no clue about finances - and sadly, his mental capacity means he never will.

My nan has nothing like this POA or Ward of Court for him - this is the first time something like this has ever come up and he is 30!

G_M

askmeafavour wrote: »

He has his own bank account but my nan manages it for him and has control over his bank card and his benefits going in etc - he doesnt hvae any idea about money or anything like that, he has no clue about finances - and sadly, his mental capacity means he never will.

My nan has nothing like this POA or Ward of Court for him - this is the first time something like this has ever come up and he is 30!

If she has no POA I don't understand how she can have legal access to his bank account. Does the bank accept her signature on cheques withdrawal slips etc, or is she just (illegally) using his bank card and PIN to draw out his cash?

Annisele

I know this isn't what you asked, but is your nan absolutely sure that she wants to give up the security of a council tenancy? If it's a private let, then (depending on terms) they could find themselves having to look for a new place to live every six months.

Regarding your specific question, you might find Mencap's factsheet on consent and decision making helpful - available here (assuming you're in England and Wales).

PasturesNew

You really need to investigate any "supported housing" type of places in the area, rather than dealing with private landlords.

http://www.direct.gov.uk/en/DisabledPeople/HomeAndHousingOptions/SupportedHousingSchemes/index.htm

geoffky

you have gone the wrong way about this..its the local authority who should be doing the legwork not your good self...get help now and start screeming from the rooftops for it..(that works) NO WAY SHOULD YOUR NAN AND BOB BE ON A SIX MONTH PRIVATE HOUSING CONTRACT,,

Glitterari

It sounds like Bob needs a social worker, as they would be able to advise you nan accordingly and liaise on behalf. It doesn't sound like a safe situation moving into a home where they have no security.

Sources: I'm a social worker and have a brother with autism

askmeafavour

Well that's the only way I can get them here. They have been on council list for a property for 8 months and have been designated a banding of D to bid on properties with - every week I check the available properties and there are never any for band D properties to apply for. I appealed against the decision and was still issued a band D for them - iv spoken to authorities and they won't budge on that decision or up her priority on the list until she has lived in the area for a minimum of 1 year - I don't know what else to do. She is anxious about moving into rental but I don't know what else I can do - any ideas?

Supported or sheltered housing isn't appropriate for them. My nan would hate that idea and she likes her little house for her and ben and I'm trying to make this move as simple and as straight forward as possible for them both so that my nan doesn't get stressed out. She doesn't understand most of the forms or hpw things work so I'm doing everything

As I'm writing this, the agency called and the property has just gone to someone else. I could cry and don't know how to break the news to my nan now :-( back to the drawing board

AnnaV

I really think you need to contact one of the charities who will know how to help - especially a local one who will know the ropes around where you live. I'm sure there is lots of help available out there, don't be shy in asking for it x

Glitterari

How far away are they? I really recommend you or your nan makes a referral to social services, because it doesn't sound nan and Ben are getting any support and with his level of needs, I would have thought he would eligible for various forms of help, which in turn would help your nan loads.