Permitted Occupier
Tenancy TypesA 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
| Aspect | Tenant | Permitted Occupier |
|---|---|---|
| Named on agreement | Yes | No (or listed separately) |
| Pays rent | Yes | No (pays tenant) |
| Responsible to landlord | Yes | No |
| Can be evicted by landlord | Yes | Only through tenant |
| Deposit interest | Yes | No |
| Succession rights | Possibly | No |
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