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.’
Judges:
Hale J, Roch LJ
Citations:
(1993) 31 HLR 794
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Alexander-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