With the changes in homelessness priorities, could the panel advise me on how best to provide tenancies/licences for persons aged under 18? My organisation used to seek guarantors to fall back on, should the contract break down with under-18s, but we now use introductory tenancies.
This is a complex area and you may want to get legal advice. Since you are using introductory tenancies, I presume you accept that the legal ingredients for a tenancy – chiefly, exclusive possession – apply in your case. If so, there can be no question of a licence. The options are a full assured tenancy or an assured shorthold, both of which will take effect as an equitable tenancy until the tenant adopts or repudiates it on turning 18.
The general rule – that you should use the most secure form of tenancy compatible with the objects of the scheme – applies to tenants under 18 in the same way as it does to adult tenants. It would be wrong to use a shorthold for no other reason than that the tenant is a minor. Avoid allowing a culture to develop in which tenancies granted to minors are expected to fail. If failure is frequent, consider changing the type and level of support provided.
Although applicants under 18 should be considered on the same basis as adults, you should regard them as vulnerable, assess their support needs, and make sure they are housed in an appropriate way. Because the tenancy is a necessity, it will probably be enforceable. Associations sometimes find the appointment of a guarantor is helpful, although in practice it may be difficult to enforce terms against him or her.
John bryant, Policy officer, National Housing Federation
Orphan's succession
I am seeing a critically ill tenant soon who automatically succeeded to a joint tenancy as the surviving spouse of her deceased husband. The original tenancy was solely in her husband's name before they married. While she was in hospital recently, she became worried that her eight-year-old son would be orphaned, she summoned social workers and others and made a will. Fortunately, for the time being she has survived, but still fears for her son's future security. Please tell me about the Law Commission's proposals with regard to enabling a child like this to succeed to their parents' tenancy. I want to be able to give her some hope when I see her.
The Law Commission's proposals, if adopted, would help the son by allowing a second succession in certain circumstances and by abolishing the existing rule that survivorship, following the death of a joint tenant, counts as a succession.
That said, even if the Law Commission's proposals are taken up they are unlikely to become law before 2005, so it may be more relevant to look at the position under the existing law.
The issues about tenure that you raise must take second place to the issue of what provision is being made for this boy if he is orphaned. Is a relative going to take care of him, and where is he going to live?
The latter point is crucial; the fact that he is a minor does not stop him from succeeding to or inheriting an equitable tenancy, but it will not enjoy any statutory protection unless he lives at the premises.
Obviously it is prudent for the tenant to make a will, and the tenancy is hers to bestow in the same way as her other property, but if she has arranged for a relative to live at the premises and care for her son it might be better to bequeath the tenancy to the relative.
It would also be sensible to involve the landlord. A social landlord would naturally view the circumstances compassionately, but so would many private landlords. It will be easier if the landlord knows of any arrangements and has agreed to them.
John bryant, Policy officer, National Housing Federation
Source
Housing Today
Postscript
If you have a housing problem, or a better answer, write in confidence to:
THINK TANK
Housing Today
7th floor
Anchorage House
2 Clove Crescent
London E14 2BE
Or email: jennifer_dunn@buildergroup.co.uk
No comments yet