Permitted Occupier

Tenancy Types

A person allowed to live in a rental property who is not named as a tenant on the tenancy agreement and has no tenancy rights

Permitted Occupier is someone allowed to live in a rental property who is not named as a tenant on the agreement, such as partners, children, or elderly relatives. Permitted occupiers have protection from illegal eviction but no direct relationship with the landlord, cannot remain if the tenant leaves, and have no deposit rights. Adult permitted occupiers must still pass Right to Rent checks, with penalties up to GBP3,000 per unchecked adult.

Common Permitted Occupiers

Family members:

  • Children of the tenant
  • Elderly parents
  • Other relatives

Partners:

  • Spouse not on agreement
  • Long-term partner

Others:

  • Carers
  • Au pairs
  • Lodgers (in some cases)

Rights of Permitted Occupiers

Permitted occupiers have:

  • Right to live in the property (through tenant)
  • Protection from illegal eviction
  • Basic safety and repair standards

Permitted occupiers do NOT have:

  • Direct relationship with landlord
  • Responsibility to pay rent
  • Right to remain if tenant leaves
  • Deposit protection rights
  • Right to receive notices

Why List Permitted Occupiers?

Benefits for landlord:

  • Know who is living in property
  • Insurance compliance
  • Right to Rent compliance (for adults)
  • Appropriate occupancy levels
  • Contact in emergencies

Tenancy agreement provisions:

  • Usually requires landlord consent
  • May limit number of occupiers
  • Ensures property not overcrowded

Permitted Occupier vs Tenant

AspectTenantPermitted Occupier
Named on agreementYesNo (or listed separately)
Pays rentYesNo (pays tenant)
Responsible to landlordYesNo
Can be evicted by landlordYesOnly through tenant
Deposit interestYesNo
Succession rightsPossiblyNo

When Occupier Becomes Tenant

A permitted occupier might become a tenant if:

  • Added to the tenancy agreement
  • New tenancy created in their name
  • Tenant leaves and they're granted tenancy
  • Court determines they have tenancy rights

For Letting Agents

Managing permitted occupiers:

  • Record all occupiers on agreement
  • Conduct Right to Rent checks on adults
  • Ensure property not overcrowded
  • Update records when circumstances change
  • Understand insurance implications

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