Can I let to an under-18 year old?

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    Can I let to an under-18 year old?

    Hi All,
    I have a working 17 year old who wants to rent a studio appt., her mum is willing to act as guarantor. What are the legal implications in cases like this as she is not 18 until March?

    #2
    Originally posted by Karo1 View Post
    Hi All,
    I have a working 17 year old who wants to rent a studio appt., her mum is willing to act as guarantor. What are the legal implications in cases like this as she is not 18 until March?
    Minor cannot hold tenancy. Even if you try to grant it to her, it will not be valid legally. You cannot sue her either, as she will not be liable.
    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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      #3
      Hi Jeffrey,
      Thankyou I thought that would be the case .

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        #4
        So what's the solution? Does Karo1 issue a tenancy agreement (though not an AST as it's not her only home) to the mother and give her permission to move the daughter in? If that's the case, what sort of tenancy is it, does it need a deposit and how can the OP get the property back at the end if the girlie doesn't want to leave?

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          #5
          Originally posted by Surrey View Post
          how can the OP get the property back at the end if the girlie doesn't want to leave?
          Well, at least she'll be 18 after the end of a 6-month AST...

          Comment


            #6
            Hi Surrey,
            Thankyou so much.
            I actually had one of my 'random thought' moments in the middle of the night about exactly this. Could I do what you are suggesting and issue a tenancy agreement to mum, or perhaps both even if mum does not live there? As you asked, what sort of tenancy should it be? I would really appreciate any suggestions.

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              #7
              This would also depend on where your flat is located I believe, legal age in Scotland is 16 to my knowledge for contracts...........if youre in Scotland!!

              All the best

              Pete

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                #8
                I wouldn't touch with a barge pole. You will find the 17 year old can't cope and there will be all sorts going on in that flat.

                Why isn't she living at home with mum? If mum doesn't want her then why?

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                  #9
                  Im not sure whether this holds any weight, but you could issue a tenancy agreement in the mothers name with a licence agreement in the daughters name, with the deposit and 1st months rent being paid by the mother. I think this would in order, but Jeffrey's comments would be welcome!

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                    #10
                    Originally posted by fallenlord View Post
                    Im not sure whether this holds any weight, but you could issue a tenancy agreement in the mothers name with a licence agreement in the daughters name, with the deposit and 1st months rent being paid by the mother. I think this would in order, but Jeffrey's comments would be welcome!
                    Yes, although the licence could be left to the mother; L would need to give her- as T- the right:
                    a. to share possession; and
                    b. to grant licence to the daughter.
                    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
                      You can in fact grant a tenancy to a minor but of course as Jeffery states you won't be able to take any legal action against her, except to evict under S.21 or S.8. It's important to have a cast-iron guarantor in place for obvious reasons and there is of course a substantial risk involved concerning the upkeep of the premises. The guarantor would assume all responsibilities of the tenancy. This information is contained within the NAEA's Technical Award training module.
                      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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                        #12
                        Guarantee is not enough. One of the flats in my block was let to a young girl student with rent guaranteed by her mother. Unfortunately, during the second term the girl took on a foreign student boyfriend who moved in and had many noisy visitors late at night. Due to many complaints from neighbouring flats , the flat owner was ordered to terminate the rental contract and did so. The girl stopped paying the rent and stayed for further 2 months to use up the deposit and left the flat in very poor condition. Carpets covered with cigarette stub marks and beer stains and lighting wires from ceiling roses were all cut off.

                        Best to get a tenant who goes out to work everyday ( and has to sleep at night. ).

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