Can any one tell me where i stand with housing and benefit entitlement

[Douglas J 10]

Despite all your arguments, it remains true that a minor cannot hold a tenancy. Any attempt to grant one inevitably fails. For a Court of Appeal case evidencing problems which this causes, see Alexander-David v. Hammersmith & Fulham LBC [2009] EWCA Civ 259 here: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2009/259.html&query=hammersmith&method=boolean (cross-reference corrected).

 

DouglasJ and ricgem2002: now do you agree?

 

Of course not! I did say i wouldn't bore anyone with the legal details: if anyone needs that, it will be better to get proper legal advice than read too much off this forum.

 

But the story in that case was about a Council bringing possession proceedings after the young person involved was housed as homeless at the age of 16. The Council "accepted that it had a duty under s.193(2) of the 1996 Act to secure that accommodation was available for her, and it discharged that duty by entering into an agreement with her on 25th June 2006 which gave her a tenancy of the premises."

[Jeffrey Shaw 93]

Yes, of course the Council accommodated the minor- but as a licensee, not a tenant.

I guess that the Court of Appeal might be recognised as knowing more about the law.

[ricgem2002 11]

Yes, of course the Council accommodated the minor- but as a licensee, not a tenant.

I guess that the Court of Appeal might be recognised as knowing more about the law.

more so than a solicitor who just copies and pastes :hihi:

[Eckolad 10]

more so than a solicitor who just copies and pastes :hihi:

 

But he is someones advice whom i would take on legal matters rather then amateur Perry Mason's of here

[Eckolad 10]

lauren130995 you say your partner is away?

 

Is he in prison or a young offenders institution?

[Douglas J 10]

Yes, of course the Council accommodated the minor- but as a licensee, not a tenant.

I guess that the Court of Appeal might be recognised as knowing more about the law.

 

Looking at the judgement again, this was a case of a tenancy not a licence. anyway, the point of this thread was to let someone know that, yes, under 18s can have a tenancy (or licence) in their own name.

[bowood 10]

Hi

Sorry to butt in here but one of the very first things taught on law degree course, in fact a basic principle of property law (or trust law as the University of Sheffield called it), is that a minor (someone under the age of eighteen) cannot enter into a legal contract for a tenancy agreement. It is as simple as that. Jeffrey Shaw is trying to help the OP here and is giving help and advice for free. And no, before anyone says, I do not know Mr Shaw nor have I had any dealings with him. However, I do know he is correct in this case.

[Jeffrey Shaw 93]

Looking at the judgement again, this was a case of a tenancy not a licence. anyway, the point of this thread was to let someone know that, yes, under 18s can have a tenancy (or licence) in their own name.

Yes re licence.

No re tenancy.

The two are not the same.

[Jeffrey Shaw 93]

Looking at the judgement again, this was a case of a tenancy

...which, the Court held, failed to be such- hence a resulting trust arose.