This two-day course focuses on the obligations of landlords and tenants under the Act, including the issues and the impact of the new Covid-19 laws on commercial leases. A good understanding of leases can help avoid litigation and will include conditions to protect both the landlord`s and tenant`s position. Legally, a rental agreement taken care of by a person whose capacity is known to the lessor is “zero”. The person has the same rights as any other tenant and the same obligations, unless the tenancy agreement is cancelled. Only the tenant or someone who acts on behalf of the tenant with the legal authority (a lawyer or a person/substitute appointed by the protection court) can cancel a tenancy agreement by showing that the tenant was not in a position to make the decision at the time of the registration of the lease and that the agreement was not in his best interest, if the tenancy agreement was cancelled, the tenant is no longer bound by the contractual terms. The dumping of a lease because of the lack of capacity is therefore possible under the law, but it is rare for a tenant or his lawyer, the person/assistant, who are appointed by the court, to do so, unless they wanted to terminate the agreement because, if they did, they would not have the right to remain in the property and, in practice, they would simply be terminated. Therefore, it is unlikely that the fact that the lease is cancelled will have practical effects if the tenant receives adequate assistance to manage his lease. They are entitled to the housing allowance to pay their rent in the usual way, regardless of their capacity. So – questions: 1.
Is Wychavon rightly decided? I guess a contract with someone who has no capacity has not cancelled the contract compared to what can be cancelled, but has not dug deeper. If so, are there other provisions that would lead to a viable lease but would not require an order from the Court of Justice? Frequent advice from local authorities and others has been to say, for example, to parents of adult children with learning disabilities: “Sign on their behalf.” Of course, this has always been bad advice – this would have led to an immediate violation of the condition of primary residence or principle of a guaranteed short-term rent. But since the Mental Capacity Act of 2005, it would be a terrible piece of advice, since, by law, no one has the power to enter into a contract on behalf of another, unless a) they have permanent power; (b) they are appointed by the Tribunal as Vice-President for Heritage Affairs; c) the safeguard court approves the contract. The correct legal situation is that of the extract of the decision of the court of the first animals of Rn. 5 of the decision in the judgment document IN der Urteilslegung IN der Urteilsvorlage NR.171/2011, that is, a party can enter into a legally binding contract for the occupancy of a dwelling without necessarily signing anything and that the father, as the owner, can bind his complainant daughter to the terms of the contract, provided that the contract is void at the choice of his subsidiary. But the contract was not invalidated in advance. Therefore, at the time of HB`s application, there was an agreement/contract, and thereafter the daughter was obliged to make payments for an apartment in Britain that she lived as her home.