Validity of taking on a tenancy while in hospital

Hello everyone.

I have a client who is currently a hospital in-patient being detained under Section 3 of the Mental Health Act.  During his stay in the psychitric unit he contacted a local social housing provider and was offered accommodation for which he signed a tenancy agreement.  Help was given by the housing provider to make a claim to housing & council tax benefit and this is currently in payment.

Sadly, however, when seeking the tenancy he advised the housing provider that a lack of accommodation was the only thing that was preventing him from being discharged from the Section and hospital.  This was not the case.  The fact is that there are no plans for his discharge and, indeed, it is probable that he will soon be entering a high security unit.

The upshot is that he has gained a tenancy via mirepresentation that he is soon to be discharged from hospital.  I suspect that this is tantermount to an illegal act and the tenancy could be withdrawn.  Is this correct?

Similarly, any subsequent claims to housing benefit could also be considered as invalid due to the nature of the questionable tenancy.  Is this correct?

My client does go absent without leave from the psychiatric unit and does go to the accommodation in question and stays there until the police return him to the ward.  I suppose another question is is it possible for a person to sign for a tenancy while detained under Section 3 of the Mental Health Act when there is no likelyhood of a release in the forseeable future.

Please, please, please help if you can.

Thank you.

Patrick Hill

Interesting…..to enter a contract you must have the mentall capacity to enter into that contract. So I guess that would be your starting point, in working out wether he has a tenancy or not….........similarly with any claim form had he the mental capacity?

Just a view…..

Generally, a contract may be voidable by one of the parties to it because of the misrepresentation or fraud by the other.  The other party does not have to void or seek to void it, he can confirm it if he wishes.  It may also be voidable by either party because of the lack of capacity of one of the parties.  This is different from a contract that is void from the beginning, for example a contract that induces an illegal act, such as a contract for murder. Your client should see a solicitor about this.  Signing a contract while under section is not by itself the issue but whether he lacks capacity.

The intention to move into the property (cakhandedly known as an ‘intention to return’ in the circumstances of your client) has to be a realistic one and HB will not be payable from the date that it becomes apparent that he has no realistic prospect of ‘returning’.

It seems to me that you need to check that your client is happy with his care. You might find the following link helpful.

http://www.rethink.org/living_with_mental_illness/rights_and_laws/laws_you_need_to_know_about/mental_health_act/sections_2_3_of_th.html