Mental Capacity and Housing Law: a practical discussion of mental capacity issues that arise in housing practice
Location: Garden Court Chambers
Date: Thursday 27 September 2012
from 18:30 to 20:00
Please note that this event is now fully booked and we are unable to take further bookings.
This seminar will look at mental capacity issues in housing law including
- an overview of the principles and framework in the Mental Capacity Act 2005 and Code of Practice for assessing capacity and making decisions on behalf of persons lacking capacity
- the practicalities of bringing and defending proceedings on behalf of persons lacking litigation capacity
- procedures for entering and terminating tenancies on behalf of persons lacking capacity to do so
- the consequences of a person entering a tenancy without capacity
- liability to pay rent and housing benefit entitlement under s 7 Mental Capacity 2005
- issues in rent arrears and anti-social behaviour possession proceedings, including:
- getting a benefits appointee or property and affairs deputy appointed
- hoarding - taking a holistic approach
- the role of the Court of Protection
- defences under Equality Act 2010
- the implications of loss of capacity during the course of the tenancy, including succession and assignment rights
- rights to housing under Housing Act 1996 for persons who lack mental capacity
- accommodation through social care and supported living
What is included?
- 1.5 hours of fully-accredited CPD training
- Talks prepared by housing law barristers
- Comprehensive notes for your future reference
- The opportunity to ask questions
Who should attend?
Solicitors and caseworkers who assist clients who lack capacity or are interested in doing so
About the speakers
Beatrice Prevatt, Bethan Harris and chair: Shu Shin Luh are memebers of Garden Court Chambers Housing Law Team and Community Care Team.
CPD Hours: 1.5
Cost: £25.00 per person plus VAT