Unsigned tenancy agreements?

elsien

Just looking for comments on the implications of this:

I've been looking at the Court of Protection guidance on tenancies for people who lack capacity.
This says that a tenancy can only be signed on someone's behalf by a LPA/EPA, court appointed deputy, or someone else appointed to sign by the CoP.

So far, so straightforward.
However it then goes on to say that in some circumstances landlords may be willing to accept unsigned tenancies...........even if the landlord were to accept an unsigned agreement it would also be appropriate to make an application where there is a dispute or if it is not clear whether the tenancy offer is in the person's best interests.

So my question is, if there is no dispute and the tenancy is clearly in the person's best interests, what are the pitfalls of an unsigned agreement, both from the landlord's and tenant's perspectives?
The landlord in this case being an organisation who has bought the property specifically for the person to live in with appropriate support which they will also provide.

ETA - legal guidance will be sought, I'm just interested in other people's views.

theartfullodger

Are you landlord, tenant, agent, student-doing-assignment?

Since a tenancy of less than 3 years doesn't need to be in writing it clearly don't need signing. However any tenant, tenant's advisor or landlord would be v strongly advised to do nothing without full set of signed documents. (Taint just tenancy agreement either party wants).

Briefly, if tenant takes up occupation & rent is being paid, there's a tenancy. But signed documents are preferred to avoid confusion/wriggling-out-responsibility/lack-of-clarity and helps judges believe otherwise assertions built on sand. (Tenancy documents only really required when things go wrong)

May we ask what form this "organisation" takes & what it's motivation is for housing this tenant?

Perhaps a charity specialising in this area might advise on suitable solicitor to consult.

davidmcn

In the circumstances I can't see that the landlord can claim they have an enforceable contract with the tenant.

Who is acting on behalf of the tenant, if not someone officially appointed?

TBagpuss

My gess is that the landlord may be happy with an unsigned tenancy where the terms are clearly set out and agreed elsewhere - e.g. if there has be lots of correspondece between the parties already

G_M

davidmcn wrote: »

In the circumstances I can't see that the landlord can claim they have an enforceable contract with the tenant.

Who is acting on behalf of the tenant, if not someone officially appointed?

If a person who lacks capacity pays for a bar of chocolate in a shop, takes it out into the street and eats it, has a 'sale' taken place?

If a person who lacks capacity pays rent (or has rent paid on their behalf), takes possession of a property and proceeds to live there, has a 'tenancy' arisen?

elsien

theartfullodger wrote: »

Are you landlord, tenant, agent, student-doing-assignment?

May we ask what form this "organisation" takes & what it's motivation is for housing this tenant?

None of these, but interested in the ramifications for my own knowledge, and for future reference.
The person has specific care needs which means they can't live with other people and the organisation has been contracted to provide 1/1 support. In order to do this, they are buying a property for the person to live in to ensure it meets their needs. It will be a supported living arrangement.
I know very little about tenancies and was curious as to why the CoP said that unsigned agreements may be ok in some circumstances, because I'd have thought having everything signed and sealed would offer clarity all round. But wasn't sure what the pitfalls would be if any agreement wasn't signed and who would lose out, the person or the landlord. Or both. Curiosity, mainly.

davidmcn

G_M wrote: »

If a person who lacks capacity pays for a bar of chocolate in a shop, takes it out into the street and eats it, has a 'sale' taken place?

If a person who lacks capacity pays rent (or has rent paid on their behalf), takes possession of a property and proceeds to live there, has a 'tenancy' arisen?

Leaving aside the statutory exceptions, legal capacity isn't a binary thing. A 10 year old may be fully capable of entering into a contract to buy a bar of chocolate, but not to enter into a credit agreement.

I don't know what capacity the tenant has in this case, but you can't just wheel someone in and pretend they're accepting all of the obligations under a tenancy agreement if they clearly don't have a clue what's going on - unless of course you have some legal standing as their personal representative.