Under 18

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    Under 18

    Just had a 'new' request and a little undecided so looking for clarity . .

    How would one go about letting to a 16 year old?

    Can a normal AST be used?
    Ambition is Critical

    I don't profess to be a knowledge in all areas, my advice is based on life experience.

    #2
    You cannot make a valid contract with a minor.
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      any suggestions??
      Ambition is Critical

      I don't profess to be a knowledge in all areas, my advice is based on life experience.

      Comment


        #4
        Originally posted by J4L View Post
        any suggestions??
        Yep! Don't even think about it!

        Do you really want a 16 year old in your property? Where would s/he get the money to pay for it? At that age they are not eligible for any benefits or even dole money, and they certainly don't get good paying jobs, unless you class McD's as a good job.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #5
          Originally posted by jta View Post
          Yep! Don't even think about it!

          Do you really want a 16 year old in your property? Where would s/he get the money to pay for it? At that age they are not eligible for any benefits or even dole money, and they certainly don't get good paying jobs, unless you class McD's as a good job.
          Many thanks jta for your concerns but all of your queries have been prior covered. FYI 'some' people ARE entitled to certain benefits so this is not my concern.

          I'm just after the 'legal' way to write this up.
          Ambition is Critical

          I don't profess to be a knowledge in all areas, my advice is based on life experience.

          Comment


            #6
            Dunno if you CAN insinuate that McD's is NOT a good job though.

            I'd be spitting in your next Big Mac if I were an employee!
            Ambition is Critical

            I don't profess to be a knowledge in all areas, my advice is based on life experience.

            Comment


              #7
              minors can enter into contracts for 'essentials'. I suppose this might count, but I think I'd want to trawl through westlaw to see if there is any precedent on it. I would have thought that it might be appropriate for them to be in care? Although can't you join the army at 17?

              I shudder at the thought of a 16 year old being responsible for a property though...

              I wouldn't be surprised if McDs pays better than many 'real' jobs these days.

              Comment


                #8
                Originally posted by J4L View Post
                I'd be spitting in your next Big Mac if I were an employee!
                jta is on a health kick. He isn't allowed Big Macs...
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  Originally posted by fthl View Post
                  minors can enter into contracts for 'essentials'. I suppose this might count, but I think I'd want to trawl through westlaw to see if there is any precedent on it. I would have thought that it might be appropriate for them to be in care? Although can't you join the army at 17?

                  I shudder at the thought of a 16 year old being responsible for a property though...

                  I wouldn't be surprised if McDs pays better than many 'real' jobs these days.
                  I understand that a minor CAN, as mentioned above, enter into a contract for necessities. My ? is, Is housing a necessity? In this situation it is I'm sure and I have a guarantor signature with a sentence in that says "the parent will continue to remain liable for all associated costs even if the minor party to the contract should repudiate"

                  I'm sure this will suffice but I was wondering if anyone had any differing information where an AST is invloved.
                  Ambition is Critical

                  I don't profess to be a knowledge in all areas, my advice is based on life experience.

                  Comment


                    #10
                    I did a let for a 2 bed prop to 2x 16 yr olds about 8 years ago...cannot remember how we set it up tho, parents were an integral part of the setup tho as i recall.
                    A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                    W.Churchill

                    Comment


                      #11
                      And there's ME quoting YOU on that other forum and you're over here!! haha

                      Yeh I'm not too bothered about this as I've got Mum & Dad (separated but 2 signatures) as Guarantors and the full cover of an inflated Bond by the homeless department, and adequate break clauses, my major worry was that I could be entering into something bigger than I knew by letting to a minor.
                      Ambition is Critical

                      I don't profess to be a knowledge in all areas, my advice is based on life experience.

                      Comment


                        #12
                        You might find this useful :

                        http://england.shelter.org.uk/__data...8510/30486.pdf
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                        Comment


                          #13
                          That's fantastic MTG helped a lot.

                          Ambition is Critical

                          I don't profess to be a knowledge in all areas, my advice is based on life experience.

                          Comment


                            #14
                            As i recall they were fairly well behaved and stayed for 18 mths or so, i also recall resigning the T's rather than the parents.

                            Nowadays <21 is not desirable to me !!!!
                            A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                            W.Churchill

                            Comment


                              #15
                              Originally posted by J4L View Post
                              I understand that a minor CAN, as mentioned above, enter into a contract for necessities. My ? is, Is housing a necessity? In this situation it is I'm sure and I have a guarantor signature with a sentence in that says "the parent will continue to remain liable for all associated costs even if the minor party to the contract should repudiate"

                              I'm sure this will suffice but I was wondering if anyone had any differing information where an AST is invloved.
                              Necessaries or not, a minor cannot hold a legal estate. If L tries to grant it, L ends up as trustee for the minor. Even more problematic, L as trustee cannot terminate the letting by L as landlord- because that would be a breach of fiduciary duty.

                              Result: no, L cannot let to minor.

                              Possible solution: L lets to minor's parent/guardian/guarantor (but this will not be an AST, unless that person occupies the premises as only/main home) and explicitly allows that person to share occupation with the minor.
                              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).

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