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Tenancy Agreement. - Carers UK Forum

Tenancy Agreement.

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My sons were the sole tenants of a Small Group Home until November when their social worker forced me to sign a tenancy agreement in their name-they lack mental capacity-to turn the property into a council dwelling.I thought it was odd at the time,and I've had a five-minute call with a solicitor who told me that,since I'm not their appointee-a council officer is-I had no legal right to sign.

Does anyone know more about this sort of thing?
Hi John, your SW seems to be attempting to rewrite contract law now! As your son's don't have mental capacity to sign anything, and the Court of Protection is involved, I can't understand why they asked you at all?
Well,they SAID it was because I'm a lovely bloke who should be kept involved in their care.I wondered at the time if it might be because the council can't sign a contract with itself.
As you'll recall-chapter 14,pages 45-67 of my previous post-the council had been blocking us from getting DLA/Border Payments and Carers' Allowance for two years,but were forced to stop doing that by the Ombudsman,and concede in October that Owen was out of Care and at home with me 2/3 days a week,and that we should get financial support.
The effect of the November tenancy is that they are no longer in Care,but live in their own home,so here at my home we get zero support from DLA or any other benefits/income they receive.Social services' attitude is that if they had mental capacity,my sons would chose that they should contribute each week to the council's costs of caring for them,but would not wish to contribute to mine.I think that that's what I'ts REALLY about!
What a load of rubbish! I would have a very uneasy relationship with them.
I've told myself time and again that I can't go on without any contribution towards their care,so I've been tempted to say that I want to break the tenancy agreement,which was signed under duress,but I was afraid that the council would carry out the threat to move them to another city/large care home.
On the other hand,if what I was told to do was illegal,I really have no choice but to cancel the tenancy.The only question is: is it illegal?
It wasn't yours to enter into and so you can't really cancel something which wasn't legal in the first place! Given your awful experiences with the LA, I think you need to speak to the Carers UK helpline. An LA has to have a Chief Executive, with an official solicitor giving legal advice to officers. I'd normally suggest that (I've done this in the past) however, you don't want to make a bad situation even worse. I am really concerned that the LA are clearly bullying you.
Thanks,bb,
I talked to the local Carers' support group,and the feller there had worked for the council and said they always checked the legality of policies carefully...but for two years they denied us DLA and Carers' Allowance.In previous years they failed to apply for EMA and other benefits.For a year at least,Owen and Eliot's benefits were paid into joint accounts in their,and their late mum's name.These accounts have been frozen since 2007.(They said it would have been 'inappropriate' to discuss her impending death with Carol).Etc.,etc.).