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A licensing agreement is a type of agreement that indicates that the person does not have an “exclusive occupation” of the heritage. It could be a single room, but it could also be an entire apartment or a house. Exclusive employment means that you can refuse entry to other people and have exclusive control of your premises (except in case of emergency). Before judging whether a person has the mental capacity to sign an agreement, he or she must check whether they have actually provided the correct document. Is the person really subject to the rental obligation or is he really a property occupancy license? It can be a problem, whether or not someone has mental abilities. When documents are provided to clients by local authority officials, it is the responsibility to ensure that any document the person is supposed to sign is an accurate reflection of his or her legal rights. In these circumstances, you (or those who support you) may demand that the agreement be terminated, even if you have not been coerced or pressured to conclude the agreement. To use legal jargon, the agreement is “unodroed.” For example, they may have presented the agreement and said, “Please sign this,” knowing that you do not have the mental capacity to decide whether to do so. In this case, your respect would make no difference to the right to cancel the contract (Imperial Loan Co Ltd/Stone [1892]). The first point to note is that a lease is simply a type of contract. Across the country, some local authorities have submitted leases to their service users and invited them to sign, even though they know that the person does not have the intellectual capacity to enter into a contract. In the past, I have been asked where an application was made in the wrong form or whether it did not contain the necessary information. This resulted in unnecessary delays and other obstacles to the procedure before the owner was able to secure the order.

The procedure is very simple as long as it is made clear that the only order sought by the court relates to the tenancy agreement and that no further instruction is required. If a person is unable to do so, the Code of Civil Procedure 21 does not allow you to go further than to initiate proceedings without the authorization of the Court of Justice. In the absence of any of the above provisions, an application must be made to the Safeguarding Tribunal. Once the application is made by the court, an order is issued, unless the proposed tenant objects, authorizing a designated person to sign the tenancy agreement. A single application can be made with a single fee for more than one proposed tenant at the same time.


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