Will the rental contract be enforceable against a tenant less than 18 years old?

Minors are persons under the age of 18 years. Not all contracts are enforceable against persons under 18.

Will the rental contract be enforceable against a tenant less than 18 years old?

The tenancy tribunal had to answer this question this April 2019. In that particular case, the tenant was only 16 years old.

Section 85 and 86 of the Contract and Commercial Law Act 2017 provides a rebuttable presumption that a contract entered into with a person who has not yet obtained the age of 18 years is unenforceable unless the Court or Tribunal considers that the contract is fair and reasonable. If it does, it may enforce the contract against the minor or declare that it is binding on him or her in whole or in part.

The adjudicator considered the contract here was for the purpose of providing the minor’s accommodation. It was therefore for his benefit. The tenancy agreement is a standard agreement used by many landlords and is generally reasonable in its terms. So in those circumstances the Tenancy Tribunal considered the contract to be fair and reasonable that the agreement is enforceable against the tenant.

So are all rental agreements enforceable against minors? No, not necessarily. The answer will depend on the specific situation and facts of the case. If you are not sure, always consult your lawyer before renting to minors. This will save you a lot of trouble later on during the tenancy.

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