urgent advice needed - asap plz

zoelouise88

hi im looking for advice for my little sister, shes 16 and recently in a b&b where she was placed as temporary accomadtion. She found a house which was renting a room out. The ll doesnt live there he rents all 3 rooms out. Anyway on June 30th she signed a contract with the ll, she was due to move in on 1st july but ll was away so she couldnt get a key or anything. In her contract the ll states she must pay £100 before moving shes rang ll tonight saying she has the money so can she get the key and move in to the room tonight as the b&b need her to leave before tomorrow - as she was due to move on July 1st they b&b room is needed for someone else.

Anyway he has know told her hes let the room to someone else, can he do these? where does she stand? the council wont re house her as she left the b&b to go private.

princeofpounds

She is 16. She cannot sign legally enforceable contracts. If he was chasing her for cash, he would have no comeback. I'm afraid I don't know what happens if she is chasing him.

The council will still have a duty to house her if things fall through, she is a minor after all.

zoelouise88

princeofpounds wrote: »

She is 16. She cannot sign legally enforceable contracts. If he was chasing her for cash, he would have no comeback. I'm afraid I don't know what happens if she is chasing him.

The council will still have a duty to house her if things fall through, she is a minor after all.

ok thanks for the advice but that still leaves her with no where to stay until monday

Jowo_2

It is my understanding, too, that those under the age of 18 can't sign tenancy agreements. Appeal the council's decision. Ring Shelter who offer free expert advice to tenants and can inform her of her rights.

clutton_2

why cant she stay with you - you are her sister ?

tbs624

princeofpounds wrote: »

She is 16. She cannot sign legally enforceable contracts. If he was chasing her for cash, he would have no comeback...

Jowo wrote: »

It is my understanding, too, that those under the age of 18 can't sign tenancy agreements. ..

Although minors cannot hold an estate in land, they *can* be granted a licence to occupy and they *can* hold an equitable tenancy, ie one which is held in trust by someone who is over 18. This can either be alongside a joint T, who is over 18, or the trust can be via the LL him/herself, who would be effectively holding the title "in trust for the benefit of" the youngster until s/he reaches 18 years.

There was a Court of Appeal case 10 years or so ago in which a 13or 14 year old succeeded a secure tenancy, held in equity.

Any trustee would not generally be liable for the rent payments, which remain the responsibility of the minor, as the tenant (the exception is where there is an "express trust" stipulating that the trustee guarantees to cover the rent)

A contract for necessities *is* binding on a holder of a tenancy or licence who is under 18 provided that they are capable of understanding the basics of paying rent etc under the contract, so a LL *could* pursue them for any arrears, although under the Civil Procedure Rules that would have to be done via a "litigation friend".

The problem is that where a LL grants a T under 18, and is the trustee, s/he or it (if Council or similar) has to act in the interest of the T as "the beneficiary" , which can create problems . Recent case (April this year) of Alexander-David v Hammersmith & Fulham LBC demonstrates this - Council granted AST to pregnant 16 year old, there were various problems with the Ts behaviour at the property, resulting in complaints from others, and the Council took possession proceedings. An appeal was made on behalf of the T and it was held that the Council (as LL) couldn't serve a valid NTQ becuase in doing so they would be in breach of their role as trustee.

tbs624

zoelouise88 wrote: »

hi im looking for advice for my little sister, shes 16 and recently in a b&b where she was placed as temporary accomadtion. She found a house which was renting a room out. The ll doesnt live there he rents all 3 rooms out. Anyway on June 30th she signed a contract with the ll, she was due to move in on 1st july but ll was away so she couldnt get a key or anything. In her contract the ll states she must pay £100 before moving shes rang ll tonight saying she has the money so can she get the key and move in to the room tonight as the b&b need her to leave before tomorrow - as she was due to move on July 1st they b&b room is needed for someone else.

Anyway he has know told her hes let the room to someone else, can he do these? where does she stand? the council wont re house her as she left the b&b to go private.

If your sister didn't pay any money across when she signed up , then there is not a lot she can do about the room with this LL. She should go back to the Council, to the Homeless Person's Unit and insist on seeing the Young Persons Co-ordinator (may have slightly different title). Under 18s need proper support from housing advisors if they are to be successful in their first tenancies. If she has difficulty getting to see the right person , she can try going to Social Services and getting them to get things moving. She can also ring Shelter , as Jowo suggests, on 0808 800 444 7 days a week (8- 8 M-F, 8-5 S&S)

As Clutton says, can you not offer her a sofa for a few nights until she can get things sorted out|?

zoelouise88

i have just met up with her and re read her contract, it states in her contract that she must pay the ll the £100 at the time of signing the tenancy agreement, surely he shouldnt have signed the contract without her giving him the money.

have spoke to the ll and although her tenancy was meant to have began on 1st july some other young girl went there yesterday with 2 month srent up front which is why he decided to let my sister down.

zoelouise88

clutton wrote: »

why cant she stay with you - you are her sister ?

if only life were that easy, i live in a private rented hosue with my son and it is part of my tenancy agreement i have no other people in the house other night for any lenght of period without giving prior notice to my ll and getting writen permission from him.

silvercar

zoelouise88 wrote: »

if only life were that easy, i live in a private rented hosue with my son and it is part of my tenancy agreement i have no other people in the house other night for any lenght of period without giving prior notice to my ll and getting writen permission from him.

I doubt that is enforceable, you are entitled to quiet enjoyment of your property.

clutton_2

of course you are allowed to have overnight guests in your home in the short term - how will your landlord know anyway ?