In some circumstances, we may need to consider issuing a tenancy for a young person aged under 18 (a 'minor'). In these circumstances, where possible, we will seek to grant the tenancy to a third party on trust for the minor. The minor has a beneficial interest, which means they have the right to live in the property. The trustee holds the legal title to the tenancy. The trustee could be an adult relative or friend or a social worker and is in effect a caretaker of the tenancy. The trustee is responsible for ensuring the rent is paid but is not liable to pay the rent out of their own resources unless they give a personal guarantee to do so. H&F or members of our staff, with the exception of a social worker, cannot act as a trustee.
As an alternative to this, we will consider whether there is an appropriate person aged 18 or over who is willing to enter into a tenancy agreement with the minor, in which case we will create a joint tenancy for both the minor and the adult. In these circumstances, we will draw up an agreement to say that a sole tenancy will be granted to the minor when they reach 18 years old, at which time the joint tenancy will be surrendered.
If it is not possible to identify a trustee or someone to enter into a joint tenancy with the minor, we may grant a licence agreement, which gives permission to occupy premises. This will be a secure licence, which has the same security as a secure tenancy. A secure introductory tenancy will then be granted to the minor when they turn 18.