16 yr OLD TENANT - Yay or nay?

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  • 16 yr OLD TENANT - Yay or nay?

    I have been approached by my letting agent to ask if I would consider a 16 yr old tenant whose mother would act as guarantor. I have never let a property before but have recently refurbished a flat and need to get it let as I can't afford to keep paying the mortgage on that as well as my own home.

    Apparently the girl works as a chef in a pub - but I am still concerned as to how a 16 yr old would manage esp with all the bills too! Also, it rather worries me that her mother is so keen to find her somewhere - is she merely trying to get rid?!

    On the contrary, she could be a tenant for a few years which would be useful as of course she can't get a mortgage until she is 18.

    Has anyone had any experience of such a young tenant? what would you advise? Any particular pitfalls?

    All advice appreciated.

    Thanks guys!

  • #2
    A minor cannot hold any estate or interest in land. Any attempt to grant her a tenancy is therefore void.
    Better: grant tenancy to her mother and, in it, authorise daughter to reside (as permitted occupier).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      We automatically turn away any tenants under 18 years old, unless of course they are living with an adult.

      This isn't to say that you should turn her away however.

      Would she be able to pass the referencing if you remove her age from the equation.

      For example, we need a proved income of at least three times the rent to accept a tenant without a guarantor (amongst other things).

      Even with a guarantor we require the tenant to be earning at least twice the rent as a guarantor is a back up, not someone to pay the rent.

      If you were to go ahead I would check that the guarantor is fit to be a guarantor and not just a piece of paper if it comes down to it. We require our guarantors to be UK home owners with no CCJ's.

      Hope that helps to some extent!

      John
      http://www.MaverickPropertyManagement.co.uk

      Comment


      • #4
        Hi Jeffrey,

        Can you grant a tenancy to someone who is not going to live in a property.

        We sometimes have clauses where we have people as permitted occupants but they are always on the condition that the main occupant is actually resident.

        Interesting to see the legallities in minors holding a tenancy agreement.

        Kind regards,

        John

        Comment


        • #5
          Originally posted by MaverickPropertyManagemen View Post
          Hi Jeffrey,

          Can you grant a tenancy to someone who is not going to live in a property.

          We sometimes have clauses where we have people as permitted occupants but they are always on the condition that the main occupant is actually resident.

          Interesting to see the legallities in minors holding a tenancy agreement.

          Kind regards,

          John
          You CAN let to a non-resident T. However, that tenancy would not itself be an AST [see s.1(1)(b) of 1988 Act] although T could grant an AST - or, if occupant incapable of holding tenancy, merely a licence- to permitted occupant.

          You'll then ask, "Well, why can't L grant such licence?"
          Answer: a minor is not capable of being bound by most contracts (even non-land) unless 'for necessaries' e.g. food or clothes.

          On the other hand, if mother grants licence to daughter:
          a. you as L can enforce tenancy (inc. rent) against mother as T; so
          b. you're not concerned whether daughter does or does not pay the licence fee (rent equivalent) to mother.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            She isn’t a miner, she works in a pub.

            I would question who is going to be paying the rent because I am amazed that she managed to leave school and instantly become a ‘chef’? In my experience people who work in pub kitchens are on minimum wage and limited/variable hours, at 16 years old in that line of work she can't be earning a lot?
            I also post as Moderator2 when moderating

            Comment


            • #7
              Originally posted by Mars Mug View Post
              She isn’t a miner, she works in a pub.
              Great joke. Perhaps she served only mineral water, or coke! Is she a minor celebrity?

              Originally posted by Mars Mug View Post
              I would question who is going to be paying the rent because I am amazed that she managed to leave school and instantly become a ‘chef’? In my experience people who work in pub kitchens are on minimum wage and limited/variable hours, at 16 years old in that line of work she can't be earning a lot?
              Yes, rent payment is vital. However, even a solvent parent's guarantee won't help if the minor pub-working daughter cannot hold the tenancy.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


              • #8
                Thanks for the good explanation Jeffrey - appreciated.

                Kind regards,

                John

                Comment


                • #9
                  Huh?! Sorry I'm still not entirely sure!


                  Just wondering if it would breach my lease to allow a 16yr old to live there tho I don't think there is an age restriction.

                  So for clarity please- the mother would have to have the tenancy agreement in her name but then would allow the daughter to live there - would that be classed as subletting?? Not sure if I can do that?

                  So any tenancy agreement with the daughter would not stand up in court? If that's right I am not too pleased that the letting agent suggests that as they are not protecting my interests.

                  They are ready to pay the deposit and so I don't want to turn away the chance of a tenant but don't want to do something potentially difficult either.
                  Apparently the girl has been renting with a friend who is moving abroad. She has a reference from a previous landlord sayong rent was always paid on time and she is the best tenant he has ever had.

                  Please help - I need to decide!

                  Comment


                  • #10
                    Look: living there is not the problem. A minor cannot hold the tenancy and you could not sue her for rent: these are the problems.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                    • #11
                      Thanks for your help there Jeffrey.

                      Letting agent has advised they will put the tenancy agreement in her father's name with the daughter as a permitted tenant. He earns £60k and they will credit check him.Is there anything else I need to be aware of?

                      Comment


                      • #12
                        I'm guessing from what Jeffrey said that you need to make sure that it isn't an AST, which stemmed from my question of if you can draw up a tenancy agreement for a non resident tenant.

                        It is plausible that your letting agents may try to draw up an AST.

                        I am just going off what Jeffrey said but it may be worth reading his posts carefully.

                        Kind regards,

                        John

                        Comment


                        • #13
                          Frankly I wouldn't touch it with a barge pole. Why isn't she living ith her parents? You'll end up with a trashed property most likely.

                          Would you lend a 16 year old your car (assuming it were legal)? If not why on earth are you giving her a property.

                          Comment


                          • #14
                            Have spoken to her mother who advises she is very independent and is 16 going on 25 and very responsible.

                            I don't understand re - the tenancy agreement. Can someone help? I was told to make sure when I let it's an AST. Are you saying it shouldn't be? The father will have the tenancy in his name as he is on a large income and she will be the permitted tenant. I understood it should be AST as this means you can get a tenant out when there are problems.

                            Comment


                            • #15
                              Originally posted by moi View Post
                              Have spoken to her mother who advises she is very independent and is 16 going on 25 and very responsible.

                              I don't understand re - the tenancy agreement. Can someone help? I was told to make sure when I let it's an AST. Are you saying it shouldn't be? The father will have the tenancy in his name as he is on a large income and she will be the permitted tenant. I understood it should be AST as this means you can get a tenant out when there are problems.
                              Again: daughter CANNOT hold any sort of tenancy. You know that now.

                              Father (or mother) CAN hold a tenancy. However, it won't be an AST unless he/she uses the property for his/her own only or main residence, as I thought I had explained. Daughter can reside there with him/her or alone, true, but not as a tenant- only as as licensee of the father/mother T.
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

                              Comment

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