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View Full Version : Can I let to two tenants if one is under 18?



J4L
15-02-2008, 08:40 AM
Hi,
We have 2 Tenants wanting to move into one of our properties.
1 is 17 and the other 18.
I'm just trying to get clarity here so forgive me if I'm asking something that has been asked before as I couldn't find anything through the search facility.

My understanding is that I can get "both" tenants to sign the AST but cannot take action against the 17 year old should she break the agreement. BUT, if I take a guarantor for the 17 year old then the guarantor can be taken to court if needed.

Would this be the best course of action or can anyone suggest something that may work better for us.

Colincbayley
15-02-2008, 09:01 AM
Not too sure that would work.

An under 18 can not sign an AST not be held responsible, as such would the deed of guarantor be valid? ( Don't know )
Why not get the guarantor to sign the AST as if they were the tenant, up until the 17yr olds 18th birthday, then reissue the AST!

J4L
15-02-2008, 09:18 AM
Thanks Colin,
I've just found this old post (2005) where a LL had found that a Tenant was 17 when they signed an agreement but they thought they were 18,
Paul f had posted this response

. . . . . . rightly points out you cannot normally enter into a legal agreement if you are under 18, but if you do and there is no alternative then you have created a "contract of necessity", and the tenant would have to have a guarantor to undertake she complied with all the covenants. . . . . a tenant under 18 cannot be bound by the agreement but the guarantor can be.

Any further thoughts?

Colincbayley
15-02-2008, 10:41 AM
Paul F knows his stuff, I'd go with that reply.