Question

Joint and Several Tenancies (England) | Tenancy Agreements (England)

19 year old tenants son on rental agreement?

14 Mar 2017 | 3 comments

does anyone over 18 have to be on the tenancy agreement?
my new tenants to be have a 19 year old son

Answer

3 Comments

  1. guildy

    Although as a general rule, we prefer all names to match (for example 3 friends sharing would want all 3 names on the tenancy), our view is that a son or daughter does not need to be on the tenancy regardless of age.

    It’s unlikely that the son or daughter is to be liable for the rent or liable for any damage caused for example (even if the child causes the damage).

    No person under 18 should ever be on the tenancy.

    In this case and assuming you’re using our Tenancy Builder, the childs name should be inserted in the permitted occupiers section.

    Don’t forget, because they are 18 or over, the right to rent checks must be done on the son as well as the parents because he is to be an “adult occupier”.

  2. 1353

    This is interesting. What happens when an under 18 turns 18 whilst living in our property? Should we do the right to rent checks at that point – even if they have been living there for some time with parents?

    • guildy

      No, you just have to check for the day they are to move in. If they were non EEA then future checks would be necessary and then they would need checking at that next check.

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