Landlord Incapacitated?

Landlord Incapacitated?

10:54 AM, 27th March 2023, About A year ago 9

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Hello, I would like some advice from Property118 readers,

If a landlord is permanently unable to maintain an AST due to loss of mental capacity, can their married partner take over if their name isn’t on the agreement?

The property is jointly owned but the AST was only in one of their names.

Does a new agreement need to be drawn up? The partner does not have power of attorney.

Thank you,


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Judith Wordsworth

12:22 PM, 27th March 2023, About A year ago

Just notify the tenant that the property is now being managed by xyz and complete any necessary docs.
No need to create a new AST

Graham Bowcock

12:24 PM, 27th March 2023, About A year ago

You probably need to run issues of capacity by a lawyer, but that aside, if you jointly own the property you could serve notice under Landlord and Tenant Act (s48) to advise the tenant of your interest.

You do not need a new agreement and the tenant is under no obligation to sign one. Given compliance issues this is usually best avoided.

Tim Rogers

12:41 PM, 27th March 2023, About A year ago

Get a power of attorney set up and registered.

John Ireland Legacy Wills

12:42 PM, 27th March 2023, About A year ago

Reply to the comment left by Tim Rogers at 27/03/2023 - 12:41
Too late if he's lost mental capacity


16:22 PM, 27th March 2023, About A year ago

If the LL has lost capacity, he cannot execute an LPA. Regret you will have to go to the hassle of applying to be a Deputy. You can do this online but risk the court fee being lost if you make a mistake on the forms and have to re-submit. Best advice is to get it right first time and see a competent solicitor.
Think about appointing someone else to act jointly and severally (or jointly) with you in case anything happens to you, assuming you are next in line!


19:39 PM, 27th March 2023, About A year ago

Yes absolutely right Blodwyn, the last thing you need is Court of Protection taking over his part and meddling in partners's affairs that she can handle as well as any Deputy but for free, if on the other hand a COP appoints a Deputy you can almost get nothing left for you out of his share as these lawyers appointed as Deputy by a court of protection, sitting on their fat arse in an arm chair earning £500p/h will take their cut first before leaving you with little change, get to see a good lawyer and get property in your sole name if that can be done. Is the property on any mortgage or has any outstanding debt ? If either of them had made a will in which the other partner would be the beneficiary, then that will papers may help you get the house in your sole name, despite he is still alive but having lost mental capacity. I have actually seen this happen to someone who did not even lose his mental capacity yet COP meddled in his affairs and he died soon after of the stress created by his family and COP..


20:01 PM, 27th March 2023, About A year ago

What you have said emphasises how vulnerable is the remaining 'capable' partner?
'Get property in your sole name if that can be done' seems OK at first blush but (there's always a but?) someone will come out of the LL's family to object if the partner has done more than sever the tenancy?
Has the LL made a Will?
Let this debate continue!


18:40 PM, 28th March 2023, About A year ago

Reply to the comment left by John Ireland Legacy Wills at 27/03/2023 - 12:42
Just to clear something up - The poster commented that the landlord had lost mental capacity. Therefore the donor cannot sign any power of attorney (which these days really should always be a lasting power of attorney which can continue after the donor loses capacity), if a person has already lost capacity and you want to deal with their finances then you have to get a deputy order from the court of protection. However as the poster is joint owner there should be no real issue with this particular asset and it can be dealt with a different way as per other postings. Lasting powers of attorney for finances and also those for health/welfare should always be done as part of long term planning.


15:03 PM, 29th March 2023, About A year ago

Reply to the comment left by Graham Bowcock at 27/03/2023 - 12:24
This seems the best reply.
We are told they are a married couple, holding the property jointly.
The other joint owner also owns the entirety legally, and can take over the existing tenancy.
Inform the tenant of your legal ownership.
The AST may well have a clause about this, but usually it covers the Tenants, and not the Landlords.
If the beneficial ownership is in shares, then the accounting of profits (and liabilities) should be the same proportion.

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