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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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we are in a 3 waytenancy who one party is unable to sign the

Customer Question

we are in a 3 waytenancy who one party is unable to sign the right to buy application due to being handicapped. my wife is his sole career, we have looked after raymond,my wifes brother as part of our family for the past 20 yrs,nothing will change if we can buy the family home. the council are declineing our right to buy as raymond can not .sign. when the tenancy was drawn up,raymond could not sign then so why would he have to sign now.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

As long as Raymond has the mental capacity and knows what he is doing, it should not matter that he is physically unable to sign the document, he may consent to his sister, your wife, to sign on his behalf. Perhaps the signature should be done in front of a solicitor as a commissioner for oaths who can certify that Raymond has consented to your wife signing on his behalf.

The solicitor may write a letter to the council explaining that your wife signed on Raymond's behalf and that Raymond knew what he was doing and consented to your wife signing on his behalf. Perhaps a medical professional is also required to verify that Raymond has mental capacity.

Hope this helps