LandlordZONE

02

Oct, 2014

Thursday

Page 1 of 6 123 ... LastLast
Results 1 to 10 of 58
  1. #1

    Default AST- minimum age for T; letting to a minor possible?

    hi, this may sound a bit naive so sorry if it does people!! but i was wondering, as im new at being a landlord and of course want to do it correctly and fairly.

    1). Is there any age limits to accepting a tenant into your property?
    2). If so, is it different if they are taken on with another person (i.e. if a couple, rent out two seperate room in a property, both of differing ages)?

    Its just that someone asked me about it and after i explained the deposit and months rent , he changed his mind! But i was thinking it was a good question that i was not sure on!

    Does that make sense! I hope so.

    Thanks in advance people.

  2. #2
    Join Date
    Jan 2005
    Location
    Doncaster
    Posts
    1,563

    Default

    Minimum age at which a person may be bound by a contract is 18 - there is no upper age limit (insofar as letting property anyway)

    A couple, over 18 years old, same or different surnames, related or not, married or not, both men, both women, or one of each sex but BOTH jointly renting a property to which they have exclusive use is a normal tenancy. If one is under 18, then only the over 18 may be lawfully contractually bound.

    Two people - any category as above, one renting one room, other renting a different room, sharing rest of the house goes into HMO (House in Multiple Occupation) teritory and may have to be licenced by council, have fire alarm etc.

    Does that answer your question?

  3. #3
    Join Date
    Jan 2005
    Posts
    5,066

    Default

    Quote Originally Posted by davidjohnbutton
    A couple, over 18 years old, same or different surnames, related or not, married or not, both men, both women, or one of each sex but BOTH jointly renting a property to which they have exclusive use is a normal tenancy. If one is under 18, then only the over 18 may be lawfully contractually bound.

    Two people - any category as above, one renting one room, other renting a different room, sharing rest of the house goes into HMO (House in Multiple Occupation) teritory and may have to be licenced by council, have fire alarm etc.
    Last time I advertised for tenants for my 2-bed house, I had two lads apply jointly, and at the time I wondered whether I was in HMO territory (the house is not an HMO). Another couple of prospects were a girl and a bloke; and it emerged later on that they were platonic friends who'd want a room each. Again, HMO? Neither of these couples were suitable prospects anyway as it happens, and I let the place to a single person in the end.

    Got me thinking though... if I was to let to a gay couple sharing a bedroom it wouldn't be an HMO, would it, and that would be fine... but if the prospects were straight, and wanted a room each, then it's HMO time?

    So, does this mean that part of my telephone interview for any couple responding to an advert - regardless of whether they are an MM, FF, or MF pair - should be the question, 'Are you in a sexual relationship'?! And if you aren't, I can't legally rent my house to you?!'

  4. #4

    Question THanks ...but......

    Many thanks DavidJohnButton and Ericthelobster.

    It is interesting to learn what you have both said. I didnt really know and now i know a bit more! And yes Eric it does seem a bit strange sometimes.

    However its still a bit confusing, not because of what u both wrote but just more questions have just popped into my head!

    1) a 4 bedroom house, let out, individual rooms to seperate and individual people is a HMO right?

    I ask because i have different people with different contracts as they do not have 'Exclusive use' of whole house. (They share lounge, kitchen n bathrooms only. Bedrooms are theirs alone). Other wise i would have put them all on 1 contract ! (probably wud have been easier for me)!

    2) A couple can share a room as long as the rent for that room is payed right? If room is £44 pw, is that what they would pay? Any alternatives to this?

    3). i refused a couple but am wondering, guy was over 20, girl was under 18, what is the standing on the 'under 18' rule?
    (Other than she could not be legally bound as David explained).

    Thanks so much, just id rather be clear. Your help is appreciated and enlightening!
    T.m.

  5. #5
    Join Date
    Feb 2005
    Posts
    675

    Default

    Eric, if I read David right, then an HMO means exclusive use of one room to a person and that rented as such. Providing that tenants sign an AST agreement and do not want to rent each room separately then their private lives are their affair.

  6. #6
    Join Date
    Mar 2005
    Location
    Middlesbrough
    Posts
    3

    Default Tenant found to be <18 yrs old

    Hi - I'm having tenant troubles, several problems which include the fact we only discovered that she was under the age of 18 (ie 17 yrs) when she signed the 6 month AST contract AFTER she had signed - is this legal??? Also she is 6 - nearly 7 - weeks overdue with rent, has not paid any council tax or water rates.

    We also know someone else looking to move in and who willing to pay us 3 months rent in advance if we can encourage the current tanant (!) to move out ... so we offered to write off the rent arrears to the current tenant if she would ... just go ... leave !! Alas! she has simplyy dug in her heels - because she is so young and inexperienced we have spoken to her family and her mother confirmed the tenant is free to return to the family home
    but the girl wont go and openly admits that she cant afford the rent !! ARGH

    SO please - all you with experience in these matters - If someone would tell in easy step one, two and three the best way to deal with this I would be really grateful - many thanks for your time

  7. #7
    Join Date
    Jan 2005
    Posts
    585

    Default

    I believe (someone correct me if I'm wrong) that someone under 18 can't be bound by an AST. So I'm not sure you can take her to court.

    The question that pops in my mind is what kind of checks have you done prior to letting the property to her ? How can you not know her age ?

    Hopefully an expert will have a quick and easy solution for you but please do your checks properly next time, it would have saved you money and hassle.

  8. #8
    Join Date
    Mar 2005
    Location
    Middlesbrough
    Posts
    3

    Default can an under 18 sign AST

    thanks for your reply - this is my first attempt at being a landlord and only when things began to go wrong did I discover all the things I should have known BEFORE signing a contract with tenant. I feely admit my naivity and stupidity, and I have reached the conclusion that I havnt got what it takes to be a landlord - ideally, I would like to get rid of this undesirable tenant and even sell the property ... some people have what it takes ... and I don''t think I have ! But for the moment, the eviction/repossession and how to do this through the courts is the main concern. (ps the girls mother was present at the signing of the contract and also provided the bond)
    thanks for any help anyone can offer
    V

  9. #9
    Join Date
    Feb 2005
    Location
    Hampshire
    Posts
    6,095

    Default

    Yes! You're quite right you're in a bit of a mess!

    As Jennifer 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. As Jennifer has said a tenant under 18 cannot be bound by the agreement but the guarantor can be. My initial feeling is that you could still have the mother sign a retrospective guarantor's agreement if she's willing as that is quite separate from the tenancy agreement itself. You need to take legal advice on this. One of the specialist solicitors on this site will help you for a fee.

    Look at it this way as you state it's your first "attempt" at being a landlord. If your first attempt at driving a car was without any instruction, nobody with you, on a busy motorway in a downpour, and the car had no MOT, or lights, and bald tyres (I won't mention the loose nuts!) then you can see where I'm coming from. Unfortunately only when you have a nasty prang do you realise your mistake! What's more the next one is right behind you doing exactly the same thing.

    However when all's said and done you shouldn't be put off next time as it can be rewarding and of course you'll get it right in future.

  10. #10
    Join Date
    Jan 2005
    Location
    Doncaster
    Posts
    1,563

    Default

    If you were induced to offer a tenancy based on the tenant's false statements (in this case that she was 18 or over, but then subsequently found not to be) then possession can be sought on this basis.

Similar Threads

  1. Letting agent problem regarding insurance
    By DaringDon in forum Letting Agent Questions
    Replies: 6
    Last Post: 01-10-2009, 08:36 AM
  2. Letting agent breached contract
    By Abroad Landlord in forum Letting Agent Questions
    Replies: 2
    Last Post: 17-09-2009, 09:11 AM
  3. Enforcing CCJ; successfully claiming against correct party
    By groupoffour in forum Residential Letting Questions
    Replies: 15
    Last Post: 10-07-2009, 13:08 PM
  4. Nightmare Letting Agent
    By pioneer in forum Letting Agent Questions
    Replies: 7
    Last Post: 15-03-2009, 12:42 PM
  5. Why so many new Letting Agents? What's going on?
    By stavros1 in forum Letting Agent Questions
    Replies: 42
    Last Post: 07-11-2008, 18:58 PM

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •