Tenant under 18.

[justaboutsane]

Am a little stuck with a situation we have! I have a very good tenant leaving one of our properties and moving into another of our properties in a different area. She has been approached by a member of her family who turns 18 next month. This young girl has a baby who is in foster care at present due to having no home and other circumstances that are now resolved. She is looking to rent the property her Sister is leaving and would therefore be able to leave a second sisters home (which is already over crowded and another baby is on the way for the older sister!).

The older sister owns her own home and is willing to stand as guarantor for the youngest sister.. However where do we stand while the youngest one is under 18?? Does the eldest sister have to sign as Tenant and then change the details when the youngest one turns 18? Also how would this work with housing benefit?? The oldest sister lives two doors from our property and so is on hand to help the youngest... I am at a loss as to what to do!

[jeffrey]

An under-18 is a minor and not legally competent to enter into a contract other than for necessaries, ie L could not enforce AST against such T. Best way is for L to let to an older sister (R) of intended occupant (S), with extra clauses that:

a. L and R will allow S to occupy;
b. R agrees with L and S not to occupy personally; and
c. on S reaching 18, L will - at her request and cost - permit R to assign to S by a formal Assignment, to which L is to be party, in order to:

i. impose tenancy obligations on S personally;
ii. release R from her tenancy obligations as tenant; but
iii. take fresh guarantee from R as surety for S's obligations.

[justaboutsane]

Thank you Jeffrey! Normally I would just wait until the tenant is 18 as it is close but given circumstances I know a 6 week wait is not possible!! I will sort AST on the basis above.