DEPUTYSHIPS
Tenancy agreement signing & termination for adults who lack capacity
ILBP Deputies support local authorities where a vulnerable adult
lacks capacity to sign or end a tenancy agreement, and no lawful
authority is in place.
We ensure tenancies are signed or terminated through the correct
Court authorised route, preventing avoidable arrears, placement
delays and unnecessary financial exposure.
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Why do tenancy agreements become a risk when capacity is lacking?
Under the Mental Capacity Act 2005, tenancy agreements cannot be
signed or ended on behalf of a person unless lawful authority is
in place, for example a Property & Affairs LPA, a Court appointed
Deputy, or a specific Court of Protection order. A best interests
decision alone does not authorise signing or ending a legal contract.
At an average social housing rent of £120 to £180 per week, an
unoccupied tenancy can cost between £6,000 and £9,000 every year
if it is not lawfully brought to an end. The tenancy remains legally
active and landlords continue to request rent despite the property
being unoccupied. Failure to address tenancy issues promptly can
leave vulnerable adults exposed to avoidable debt, rent arrears
and financial hardship at a time when they are least able to
protect their own interests.
Common risks and impacts
Financial exposure
Rent arrears accruing indefinitely until resolved.
Housing Benefit ceasing while rent liability continues.
Utility costs accruing for vulnerable adults.
Local authority ultimately covering the outstanding costs.
Placement delays
Landlords require signed tenancies before occupation.
HB teams often won’t process claims without a signed agreement.
Hospital and placement timelines can be delayed.
Risk of missed placements and additional costs.
Council risk at scale
Across multiple cases, delays can expose councils to significant
financial risk, potentially amounting to tens of thousands of
pounds per week depending on the caseload and rent levels.
The correct route: Court authorised signing or termination
Where a person lacks capacity and no authorised deputy is in place,
a Court application is required. While the Mental Capacity Act
allows some decisions to be made without formal authority, this
does not extend to signing legal documents, such as tenancy agreements.
SOCIAL WORKERS
How to refer tenancy agreement signing & termination to ILBP
A simple step by step guide for Social Workers.
Step 1
Complete capacity assessment
Complete a capacity assessment (COP3) around the vulnerable
adult’s understanding of contractual agreements, including
tenancy agreements.
Step 2
Obtain tenancy agreement and supporting evidence
Obtain the tenancy agreement and any supporting evidence
such as a rent statement of account or DoLS.
Step 3
Complete ILBP tenancy agreement referral form
Complete the
ILBP tenancy agreement referral form
and provide all requested information.
Step 4
Pay ILBP invoice
Please note: Local authorities may choose to fund the
application upfront, with any recovery from the individual
managed through their own internal financial assessment
and charging processes where appropriate.
Step 5
ILBP submits an application to the court
Court fees may be reduced or waived if the person meets
the savings and applicable income or benefit criteria.
Savings thresholds are:
Under age 66: less than £4,250 in disposable capital
or savings.
Age 66 or over: £16,000 or less in disposable capital
or savings.
Supporting bank statements are required.
Step 6
ILBP deals with the tenancy arrangements and safeguards the vulnerable adult
Once appointed, ILBP will manage the tenancy arrangements
and take appropriate action to protect the individual’s
home and financial wellbeing.
We’re here to help
If you have any questions about the referral process
or need support at any stage, please contact the ILBP team.
How this helps social workers and councils
Protects vulnerable adults from avoidable arrears and debt.
Reduces financial exposure and unplanned costs for the local authority.
Reduces administrative burden on social workers and housing teams.
Improves compliance with the Mental Capacity Act 2005.
Helps secure placements and Housing Benefit processing without delay.
Fees & costs
ILBP Deputies fee
Signing or ending tenancy agreements:
£250 + VAT
Court of Protection fee
Standard court fee: £432
This may be reduced or waived if the person meets the savings
and applicable income or benefit criteria.
Under age 66: less than £4,250 in disposable capital or savings.
Age 66 or over: £16,000 or less in disposable capital or savings.
Supporting bank statement required.
Deputies contact details
For tenancy signing or termination support, contact ILBP Deputies
to discuss your case or arrange a referral.
Email
Deputies@ilbp.co.uk
Phone
0161 912 0100
Address
ILBP Deputies Ltd, Suite 8, Station House, Rawtenstall, BB4 6AJ
Case studies
Examples of how deputyship and specialist financial management work together to protect clients and support professional teams.
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