Permitted Occupiers, what can Landlords do?

When rentint out your property, it can be frustrating to find out that your tenant has brought in someone to live with them without seeking your permission. While it may seem like a harmless act, the addition of a permitted occupier can have a significant impact on your rights and responsibilities as a landlord. In this article, we will discuss what you can do if your tenant moves someone in without your consent.

Understanding the Permitted Occupier Agreement

Before we delve into what to do in such a situation, it’s important to understand what a permitted occupier agreement is. A permitted occupier is someone who is allowed to live in the rental property with the tenant, but they do not have any legal rights to the property. The agreement is usually included in the tenancy agreement and outlines the conditions under which a tenant can bring in a permitted occupier.

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What are your rights as a landlord?

As a landlord, you have the right to know who is living in your rental property. When a tenant brings in a permitted occupier without your permission, you are not obliged to allow them to stay. In fact, you have the right to evict both the tenant and the permitted occupier if you wish to do so.

What should you do if your tenant brings in a permitted occupier without your consent?

The first step you should take is to contact your tenant and ask them to explain the situation. Find out why the permitted occupier was brought in and whether the tenant understands that they were supposed to seek your permission first. If the tenant is unaware of the requirements, explain the terms of the tenancy agreement to them and the implications of not following it.

If the tenant refuses to remove the permitted occupier, you can serve them with a Section 21 Notice of Possession. This notice gives the tenant two months’ notice to vacate the property. If the tenant still refuses to leave, you can apply for a possession order through the courts.

It’s worth noting that eviction should always be a last resort. It’s often possible to resolve the situation through mediation or by coming to an agreement with the tenant.

How can you prevent this situation from happening in the future?

The best way to prevent a tenant from bringing in a permitted occupier without your permission is to include clear clauses in the tenancy agreement. You should specify the conditions under which a tenant can bring in a permitted occupier and require them to seek your permission before doing so.

Conclusion

While it can be frustrating to find out that your tenant has brought in someone without your consent, it’s important to remember that you have legal rights as a landlord. By understanding your rights and taking appropriate action, you can ensure that your rental property is being used in a way that meets your expectations. If you need further assistance or advice, do not hesitate to seek professional help from a legal expert or property management agency.

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Free Instant Valuation

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Fee Saving Calculator

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Yield calculator

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Compliance checklist

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Compliance Guide

Download your complete landlord compliance guideĀ 

Meet Sam your local Expert

Sam has a wealth of experience across the private landlord and Build to Rent sectors. He has advised a wide range of clients across the whole of London on how to find great tenants, improve their assets and effectively market their properties for the best returns.

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