Being a landlord comes with a set of legal responsibilities that one must adhere to. One of these responsibilities is ensuring that only legally permitted people occupy your property. This is where the concept of “permitted occupiers” comes into play. In this guide, we’ll delve into what permitted occupiers are, who qualifies as one, and what rights they have.

What is a permitted occupier?

Permitted occupiers are individuals who are allowed to live in a rented property without being named on the tenancy agreement. In other words, they are not tenants, but occupants who have the right to live in the property with the tenant’s permission.

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Who qualifies as a permitted occupier?

The following people can be classified as permitted occupiers:

• Immediate family members of the tenant: This includes spouses, civil partners, and children.
• Caretakers or live-in staff: A landlord can allow a caretaker or live-in staff to occupy the property.
• Lodgers or subtenants: A tenant can take in lodgers or sublet a part of the property to someone else.
• Other individuals with the landlord’s permission: A landlord can permit anyone to live in their property if they have given prior consent.

Rights of permitted occupiers

While permitted occupiers have fewer rights than tenants, here are some of the rights that they are entitled to:

• The right to live in the property with the tenant’s permission.
• The right to use common areas such as the kitchen and bathroom.
• The right to be safe from eviction or harassment by the landlord.
• The right to privacy and protection against unreasonable searches

Difference between tenants and permitted occupiers

Tenants have more rights than permitted occupiers. Tenants have the right to live in the property for the entire length of the tenancy agreement, while permitted occupiers can only live in the property with the tenant’s permission. Tenants can also legally exclude others from the property, while permitted occupiers cannot.

Tenant’s responsibilities towards permitted occupiers

If a tenant takes in a permitted occupier, they are responsible for ensuring that they abide by the terms of the tenancy agreement. The tenant should also inform the landlord of the permitted occupier’s presence in the property prior to when they move in. 

Permitted occupiers and the deposit protection scheme

If a permitted occupier pays a deposit, the landlord must protect it under a government-approved tenancy deposit protection scheme. The full deposit must be returned to the permitted occupier at the end of the tenancy agreement provided no deductions need to be applied.

How should landlords prepare before allowing permitted occupiers into the property?

Before allowing a permitted occupier in your property, you should ensure that you complete the following:

• Check your tenancy agreement to see if there are any clauses that prohibit the taking in of permitted occupiers. If there are, you must seek legal advice before allowing anyone to occupy your property.
• It is essential to understand the rights and responsibilities of permitted occupiers to avoid any legal disputes in the future. You should also ensure that the permitted occupier is aware of their rights and responsibilities.
• Ensure they have the right to rent in the UK before allowing them to move into the property.
• Make sure you draft the necessary paperwork, such as an addendum so that you and the tenant have an official document that permits the permitted occupier to live in the property

FAQs

1. Can a permitted occupier become a tenant?

Yes, a permitted occupier can become a tenant if they are named on the tenancy agreement and sign it.

2. Can a landlord charge rent to a permitted occupier?

Yes, a landlord can charge rent to a permitted occupier if they have given prior consent, though they are not liable for the rent in the same way the tenant is. 

3. Can a permitted occupier claim housing benefit?

No, a permitted occupier cannot claim housing benefit as they are not named on the tenancy agreement.

Conclusion

Understanding the concept of permitted occupiers is crucial. By knowing who qualifies as a permitted occupier and what their rights and responsibilities are, you can avoid legal disputes and ensure that your property is occupied by trustworthy individuals. Remember to check your tenancy agreement, check that they can legally rent in the UK and make them aware of their rights and responsibilities before allowing them to occupy your property.

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