Question

England | Start of a Tenancy (England) | Types of Tenancies (England)

Three unrelated tenants, one under 18 – how to approach?

30 Jul 2021 | 1 comment

A group of three professional sportswomen is looking for accommodation. Obviously this will create an HMO (albeit not a licensable one), which will render most family homes unsuitable – but an even bigger difficulty is that one of them is under 18.

Ideally they’re looking for a 3-bed house to themselves, but we have three single-occupancy rooms currently available in a licensed 6-bed HMO. If they wanted to take these rooms, how would we have to deal with the under-18? I’ve read the page at https://www.landlordsguild.com/letting-to-minors/ and we don’t want the complication of holding the tenancy in trust ourselves, but maybe someone else could hold it in trust on her behalf?

There’s also the potential issue of safeguarding; there are three incumbent tenants (all young men), with whom facilities are shared. They did all declare clean records when they moved in, but would we have to take specific steps for safeguarding?

Answer

1 Comment

  1. guildy

    The first thing is, it’s impossible to let to the under 18 so that might rule out the single occupancy route.

    Although you can voluntarily do checks, there’s no requirement to do so. It might also be tricky under Equalities Act because you shouldn’t do anything different based on a persons sex to what you would ordinarily lawfully do.

    If it were a single house letting, it should be possible to just let that to the two and have the third (under 18) as a permitted occupier. However, we’d still be a little nervous about that (it’s not like letting to two parents and their child for example which is obviously okay).

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