Kingston upon Thames Royal Borough Council v Prince: 1993

A minor could succeed to a secure tenancy under the 1985 Act. Hale J said: ‘A minor can hold an equitable tenancy of any property, including a council house.’ quoting the Law commission which said: ‘Moreover the statutory provisions do not restrict a minor’s ability to acquire an equitable interest in land: there is nothing to prevent a would-be lessor granting an equitable tenancy to a minor. The desired result can be achieved by the lessor’s entering into a contract with the minor to grant him a lease on the agreed terms, followed by the minor’s entry into possession of the property let.’


Hale J, Roch LJ


(1993) 31 HLR 794


Housing Act 1985


England and Wales

Cited by:

CitedAlexander-David v London Borough of Hammersmith and Fulham CA 1-Apr-2009
The authority was required to provide housing to the minor applicant, but she was too young to hold a legal estate. An equitable lease had been created, and she now appealed against an order for possession having broken the terms of the agreement, . .
Lists of cited by and citing cases may be incomplete.

Housing, Land, Children

Updated: 07 May 2022; Ref: scu.329533