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Question Title: Minor Landlord
| Question: 35 |
| What is the position with regard to a property owned by a 12-year-old, and held in trust for her as an investment? The property is managed by a letting agent (ourselves) appointed by child's parents. How should the agent prepare and sign the tenancy agreement? Would the 12-year-old be cited as the landlord on the tenancy agreement?
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| Answer: |
| An article entitled "Minor Problems" in a previous issue of Letting Update (LUJ p15, October, 2000) sets out the general legal position regarding minors. The article dealt mainly with the situation where the tenant was a minor, but of course your situation is equally relevant - it is quite possible that the landlord could be a minor. In this case, the agent would have to obtain a written authority from the trust/trustees to sign on behalf of the landlord, the legally incapacitated 12-year-old owner. The Trustees must authorise the letting on behalf of the minor. As the legal estate vests in the Trustees - see article cited above - they, as Trustees, must be cited as the Landlord - see section 1(6) LPA 1925. The Tenant signs in normal way.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Oct 2000 page 15 |
letting-update-journal.html
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For more information, discuss on the Forum
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