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Housing for minors

A minor is a person under the age of 18 years.  Although unusual, sometimes we need to sign up a minor on a licence until they reach the age of 18. This is because the law says a tenancy can't be granted to a young person under the age of 18 (see the succession guidance if the tenant has died).

See the full procedure here

 

See succession for minors and succession.

The steps below only outline the legal process and not the additional good practice that we follow in helping people to stay in their tenancy.

  • Action should be pursued in a similar way to any other tenant.  However, there are important differences; a Notice to Quit would be served in these cases.

  • CSF should be informed at the Notice to Quit stage and asked for their assistance.

  • Should it be necessary to go to Court, a guardian in law (guardian ad litem) would have to be appointed.

  • A summons may be served on a minor, but action cannot progress beyond this without a guardian ad litem who will ensure that the minor obtains adequate advice, representation and where appropriate, legal aid.

  • The guardian ad litem may be a social worker, or some other 'fit and proper person' who has no interest in the proceedings adverse to that of the minor.  If one is not found, the Court may appoint its own guardian ad litem.

 

Last updated: 23 September 2019