(1) The tenant lacked capacity so the tenancy contract was not valid, which meant that there was no liability to pay rent and therefore no entitlement to Housing Benefit. (2) The contract was void, not voidable, because the landlord knew the tenant lacked sufficient mental capacity to reach such an agreement. [Caution.]

Related judgments

Wychavon District Council v EM (HB) (2012) UKUT 12 (AAC), (2012) MHLO 5

• Wychavon District Council v EM (HB) (2011) UKUT 144 (AAC)

See also

Court of Protection Guidance: Applications to the Court of Protection in relation to tenancy agreements — This document provides guidance on when and how to make applications in relation to signing or terminating tenancy agreements on behalf of adults who lack the mental capacity to understand or sign the agreement themselves. It sets out a 'streamlined' process for receiving applications relating to more than one person. Published 22/6/11 and updated in February 2012.

External links

Bailii

39 Essex Street, 'Court of Protection Newsletter' (issue 8, May 2011) (contains summary)

The Small Places Blog, 'Mental Capacity Act and Tenancy: An open question' (7/10/11). This article, which appeared originally on the Nearly Legal housing law blog, argues that Wychavon was wrongly decided because 'a contract with someone lacking capacity to enter such a contract is voidable (not void) by the person lacking capacity if the other party was aware of their lack of capacity'.