Wychavon District Council v EM (HB) [2012] UKUT 12 (AAC), [2012] MHLO 5
The UT judge reviewed his previous decision because he had overlooked a legislative provision which could have had a material effect on the decision: in this case MCA 2005 s7, which provides that 'If necessary goods or services are supplied to a person who lacks capacity to contract for the supply, he must pay a reasonable price for them.' (1) Although the purported tenancy agreement between P and her father was void because the lack of capacity was known, under s7 P was still 'liable to make payments in respect of the dwelling which she occupies as her home' so she was entitled to benefits under the Housing Benefits Regulations 2006. (2) Even if 'services' in s7 is not wide enough to cover the provision of accommodation, the common law rules as to necessaries survive and the provision of accommodation is an obvious necessary.
Related judgments
Wychavon District Council v EM (HB) [2012] UKUT 12 (AAC), [2012] MHLO 5
External link
Nearly Legal Blog, 'HB and necessaries' (31/1/12). Case summary.
Anthony Collins Solicitors, 'Tenants lacking mental capacity signing tenancy agreements' (23/2/12). This briefing summarises the Wychavon case and sets out the consequences for housing providers.