Don’t let to under 18s
A recent Court of Appeal decision has shown how difficult it can be if you let a property to someone who is under 18. Due to changes in care arrangements for 16 and 17 year olds local authorities may be encouraging those in care to take tenancies in the private rented sector. Alternatively, you may inadvertently let a property to someone who is under 18 because they look older. If you have any doubt about the age of a potential tenant ask to see a Birth Certificate or other reliable proof of age.
The general advice must be to avoid letting to anyone who is under 18. If it is possible, enter into the tenancy agreement with parent guardian or other responsible adult. If you do let to someone who is under 18 using a standard tenancy agreement, such as the RLA agreement, it may prove very difficult to evict the tenant even after the tenancy has run out or if there are rent arrears/tenancy breaches. The recent Court of Appeal case decided that because an ordinary tenancy agreement had been entered into the landlord (who is a local authority) was acting as Trustee for the tenant. It would be a breach of the terms of this trust, which is imposed by the law, for the Council to seek to evict the tenant. Furthermore, notice to quit served on the tenant was ineffective. The Council should have served the notice on itself! What the Council had to do in this situation was go away and make a further Court application to have a new Trustee appointed. There is a way round the problem. You have to enter into agreement to grant a tenancy (rather than giving an actual tenancy). This will have to contain special provisions.
The problem will go away once the tenant actually has become 18. In the meantime, however, if you wanted to take Court proceedings steps would have to be taken to appoint a litigation friend to act on behalf of the tenant to represent the tenant at Court.
Unfortunately, as is so often the case, bad cases make hard law. An under aged tenant who was causing nuisance to her neighbours but managed to avoid eviction but the warning message to all landlords is “Don’t let to anyone who is under 18”. It is just not worth the bother. It can be done but it you need to take advice if you are contemplating letting to anyone who is not 18, unless you enter into the tenancy agreement with an adult.
Tags: Possession, tenant agreement, under 18