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14/7/25 8:13 pm
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What are the implications of renting to a 17-year-old or someone who is under the age of 18? How can I be sure this would be legal?
Many landlords and housing providers are concerned when confronted with this and often refuse to let anyone under the age of 18. However, despite some legal complications, according to the homeless charity Shelter, it is possible to legally grant a tenancy to a 16 or 17 year-old.
This article applies primarily to England and is not a full interpretation of English law. Always seek professional advice before making or not making decisions. Use this guide as the starting point for your research, not an endpoint.
Shelter is very much in favour of landlords taking younger tenants as this helps both the homelessness statistics and the individuals concerned.
Under English law a minor (someone under the age of 18) cannot be bound by a contract unless they are deemed able to understand it, and it must be for necessities. Shelter therefore maintains that the vast majority of 16- and 17-year-olds are well able to understand a tenancy contract and able to enter one, with all the obligations placed on them as a tenant. Also, accommodation is definitely 'for necessities”.
If this is the case, then such a tenancy, in theory, could be enforceable in a court of law under English Common Law and, for example, rent arrears could be claimed against the 16- or 17-year-old minor in the usual way. However, there is no guarantee this would be the case and, it is recommended that a litigation McKenzie Friend* (MF) be appointed.
A complication arises under the Law of Property Act 1925 which says minors cannot hold a legal estate in land, a tenancy being just that. However, Shelter has argued in the past that this can be overcome, pointing out that it has been held on appeal that a 13-year-old can succeed a secure tenancy, albeit only as an equitable tenancy, where the title is held in trust by an adult. This can be a relative, friend, social worker, or even the landlord.
Anyone contemplating this should seek legal advice and should be aware that a minor as a tenant may need more than the usual in terms of supervision, help and guidance. The accommodation and occupant mix of the area should be suitable and the landlord should liaise closely throughout the tenancy with any organisation involved in placing the young person.
Most landlords will never be asked to rent a property to someone under the age of 18, it’s an unlikely occurrence. But every so often a case crops up – a 17-year-old applying for a tenancy, perhaps with financial support from family or local authority services. The question then arises: can the landlord legally grant a tenancy to a minor, and if so, what are the implications for landlords?
This article looks at the law, the risks, and the practical steps landlords can take if faced with an application from someone under 18.
The starting point is the Law of Property Act 1925, section 1(6). It states plainly that:
“A legal estate is not capable of subsisting or of being created in favour of a minor.”
In simple terms, this means that a person under the age of 18 cannot hold a legal tenancy. If a tenancy agreement is granted, the minor acquires only what lawyers call an “equitable tenancy” – a right recognised in equity rather than at law.
On top of this, the Minors’ Contracts Act 1987 comes into play. The general principle is that contracts made by minors are not enforceable against them, except in limited circumstances. Two important exceptions as outlined briefly above are:
So, while housing is usually considered a “necessary,” landlords still face hurdles: enforcing the obligations of a tenancy against someone under 18 will not be straightforward.
For landlords, the difficulty lies not in granting a tenancy to a 17-year-old, but in what happens if things go wrong.
In short, the tenancy may be valid in equity, but landlords take on risk in undertaking such a let.
Despite the risk and complications, some landlords – particularly those letting shared accommodation or student housing – do find themselves dealing with 17-year-olds and will consider letting to them. Examples include:
Students who often start university early before they reach the age of 18 and young people leaving care who need independent accommodation before reaching adulthood. Minors may have entered full-time employment and are financially independent.
In such circumstances landlords are often willing to proceed, but it would be wise to do so only with safeguards in place.
To manage the risks, landlords typically use one of several approaches:
Using a guarantor is perhaps the most common solution. It is to require a parent, guardian, or other responsible adult to act as guarantor. The guarantor signs a binding contract to cover the rent and other obligations if the minor defaults. This gives the landlord a legally enforceable route if things go wrong.
Where possible, landlords prefer the tenancy to be in the name or joint name with an adult occupier – for example, a parent or older sibling – living with the minor. The adult tenant then bears the legal responsibility.
Some housing associations and local authorities have been known to use trustees to hold the legal estate until the young person reaches 18. In effect, the property is held on trust for the benefit of the minor. This is more complex and potentially expensive. It is rarely used in the private rental sector, but it is likely legally sound.
Finally, a fourth option is to grant a licence rather than a tenancy. This would mean more involvement from the landlord or agent in the supplying of services and continuous access to the accommodation – these days it could involve safeguarding issues. In practice, the courts look at the substance rather than the label (the agreement), and if the arrangement has all the hallmarks of a tenancy, it will be treated as such. The same problems with enforceability then arise.
Letting to a minor carries some risks if things go wrong, so there may not be full support from the courts. Every case must be assessed on its merits and landlords need to use their own judgement. Even with the safeguards mentioned, landlords should be aware of the risks. There is financial risk, the obvious one being rent arrears. Without a guarantor, landlords may have no recourse if the tenant does not pay. There is also the legal risk if proceedings to recover possession or damages are complicated with a tenant under 18.
Young tenants may lack the financial stability or life skills necessary to live responsibly and manage a tenancy successfully. Budgeting, paying bills, and maintaining a property can all be challenging to someone so young.
There are also the safeguarding issues as mentioned. Renting to someone under 18 may bring child protection considerations into play, particularly if there are concerns about vulnerability or exploitation. Landlords should be mindful of their duty of care.
If you are considering renting to a 17-year-old, there are several best practice steps you should follow:
Always insist on a guarantor, whether it be parent, guardian or local authority – this is non-negotiable. Without one, the risks are too high.
Thoroughly check the young person’s background, income (if any) and circumstances or reasons for renting so young and check the guarantor’s financial position.
Get a tailored well-drafted tenancy agreement drawn up by a legal professional, with clear guarantor clauses included.
Consider rent guarantee insurance, but be aware this may not always cover minors. Check with your regular insurers.
Set out some clear guidelines for the minor and help explain the responsibilities of running a home. Explain clearly the obligations of taking on a tenancy to the young tenant, ensuring they understand what is expected.
Be aware of safeguarding issues. Don’t be compromised, landlords may need to liaise with local services.
Renting to a minor is not impossible, but it is not straightforward. Most landlords want to help accommodate people in need of good accommodation, but not at any price. A person under 18 cannot hold a legal estate in land, and any tenancy granted is only equitable. The enforceability of tenancy obligations against minors is limited, creating financial and legal risks for landlords.
The safest route, if landlords do decide to proceed, is to require a guarantor, consider trustee arrangements, and ensure the tenancy agreement is watertight. Without these protections, landlords could find themselves in a difficult position if the tenancy breaks down.
Ultimately, while the law does not prohibit granting a tenancy to a 17-year-old, it leaves landlords with very little security unless they take proactive steps. Landlords should weigh the risks carefully and, where in doubt, seek professional legal advice.
Shelter Legal: Tenancies and licences granted to young people
*A McKenzie Friend assists a litigant in person in court. The 'friend' does not need to be legally qualified but offers guidance and moral support, e.g.: taking notes, helping with papers, prompting on questions. They cannot represent or cross examine.
[Main image credit: Anastaslya Gepp]
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