Mental Capacity Act 2005

This section has no associated Explanatory Notes

13(1)For section 26(2) of the Leasehold Reform Act 1967 (c. 88) (landlord lacking capacity) substitute—E+W

(2)Where a landlord lacks capacity (within the meaning of the Mental Capacity Act 2005) to exercise his functions as a landlord, those functions are to be exercised—

(a)by a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act), or a deputy appointed for him by the Court of Protection, with power to exercise those functions, or

(b)if no donee or deputy has that power, by a person authorised in that respect by that court..

(2)That amendment does not affect any proceedings pending at the commencement of this paragraph in which a receiver or a person authorised under Part 7 of the Mental Health Act is acting on behalf of the landlord.