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Housing for minors

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.

There are 3 main pieces of legislation governing the granting of tenancies to minors:-

  • The Law of Property Act 1925 states that "a legal estate is not capable... of being held by an infant".
  • The Housing Act 1985 - allows local authorities to grant licences under which the licensee has the same rights and obligations as a tenant.
  • The Children's Act 1989 - places a duty on local housing authorities to provide accommodation for young people who have reached the age of 16 whose welfare would be seriously prejudiced if accommodation was not provided.

Our legal advice favours the option of granting a licence to the young person.

The rights and obligations of the licensee and the Council are similar to a secure tenant's tenancy although there are important differences.  The security of the licensee is not protected by the Housing Act 1985, there is no right of succession on death of the licensee and the process for obtaining possession is different.   If possession is sought from the licensee then a Notice to Quit must be served rather than a Notice Seeking Possession.

 

 

Last updated: 23 September 2019