Common use of THE LAW Clause in Contracts

THE LAW. The law relating to mental capacity has over recent years become central to the social care and living arrangements of those who lack capacity to take important decisions, in particular about where they are to live. The Mental Capacity Act (MCA) 2005 sets out the principles which apply in determining whether a person has capacity to make a specific decision and where that capacity is lacking, in making decisions in that person’s best interests. Social and healthcare staff have a duty under the MCA to have regard to the Mental Capacity Act Code of Practice (the “Code of Practice”) when making decisions in relation to a person who lacks capacity. In the case where a Tenancy Agreement is not signed by the person who lacks capacity, the judgement of Wychavon District Council v EM (2012) clarified the position in relation to Tenants’ and Landlords’ rights and obligations. The judgement confirms that a person lacking mental capacity is liable to pay rent for a tenancy of a property which is necessary for them to occupy and this also gives rise to an entitlement to Housing Benefit in respect of the rent. The landlord’s entitlement to rent is based on the common law doctrine of necessities.