In these circumstances, you (or those who support you) may demand that the agreement be terminated, even if you have not been coerced or pressured to conclude the agreement. To use legal jargon, the agreement is “unodroed.” For example, they may have presented the agreement and said, “Please sign this,” knowing that you do not have the mental capacity to decide whether to do so. In this case, your respect would make no difference to the right to cancel the contract (Imperial Loan Co Ltd/Stone ). Similarly, access to employment cannot be a “consent to the lease” if the person accepting a job does not have the capacity to accept, whereas it may be a non-negotiable position rather than a self-employed position. But the problem with Wychavon`s relationship is that a lease entered, where LL knows that T is not in the ability to enter, is not voidable. HB will not pay. Trust is useless. And what about the mistakes nurses could make? From time to time and for the best possible reasons, the professionals who work with these people help them obtain housing for which that person has to make decisions to sign or forfeiving a lease, and professionals cannot verify whether they are actually able to make those decisions. The common law and justice position arising from the Privy Council`s decision in Hart/O`Connor is that a contract with someone who is unable to enter into such a contract is null and void for the person who is unable to do so if the other party is aware of his or her lack of capacity. 2) Perhaps through the Human Rights Act. The Equal Human Rights Commission has published Human Rights at Home: Guidance for Social Housing Provider.
The Commission refers to housing providers who do not have the intellectual capacity to enter into a tenancy agreement, but who do not grant these people benefits and rent-equivalent rights. Instead, the guide states that the supplier could “grant other leases in order to have confidence in residents.” The answer therefore appears to be a request to the local housing authority to provide housing that will be held by another trust. While it is not uncommon for landlords to accept an unsigned lease in these circumstances, this carries some risk and is generally carried out, while the landlord makes the necessary request for excitement.