RENT LIABILITY FOR A 17YR OLD

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  • #22847
    liffe
    Participant

    We have a claim from a 17yr old which we have not yet paid as we are investigating the commerciality aspect of it. However, we have heard that HB cannot be paid until she is 18, unless she has a guarantor (property law?).
    I have not heard of this, as HB is paid to 16 & 17 yr olds who are estranged from their parents, and I have not normally asked for evidence of a guarantor being appointed.
    Can anyone shed any light on this?

    #9849
    Anonymous
    Guest

    You can pay this case – the fact that the claimant is only 17 doesn’t matter.

    See https://hbinfo.org/menu2/caselaw/prince.shtml

    #9850
    Anonymous
    Guest

    Some landlords may ask for a guarantor if the prospective tenant is under 18.
    This will make no difference to an application for HB – if there is a genuine liability, then assess and pay.

    #9851
    Anonymous
    Guest

    This is so spooky as I am dealing with exactly the same issue. It is not the case that under 18s cannot hold a tenancy but because they are unable to hold a legal interest in land they will be equitable tenants and the tenacy is more likely to be viewed as a licence. Any LL would be advised to have a guarantor because such an agreement may be difficult to enforce against a minor. In the case I have the parents are the landlords and as they are also the natural guarantors it’s almost like granting a tenancy to themselves. In my case I have decided almost certainly non-commercial but yours sounds fine.

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