What is a 'permitted occupier'?
A ‘permitted occupier’ is someone who is allowed to live in a rented property but is not legally responsible for the tenancy. This means they have the landlord’s permission to stay, but they are not bound by the tenancy agreement, unlike the tenant. Permitted occupiers do not have the same rights or responsibilities as tenants, such as paying rent or maintaining the property.
Typically, permitted occupiers are family members, friends, or others who will reside in the property with the tenant but do not assume legal obligations under the tenancy agreement. They should be listed on the tenancy agreement for clarity.
It’s important for landlords to note that permitted occupiers count towards the total number of people living in the property, which can be significant if the property is defined as a House in Multiple Occupation (HMO). In such cases, landlords must ensure they comply with HMO regulations, which include specific licensing and safety requirements.
Additionally, landlords are legally required to carry out Right to Rent checks on permitted occupiers before the tenancy agreement is signed, just as they would for the tenant.
Related links -
- Assured Shorthold Tenancy Agreements - England
- Renting Homes Wales Occupation Contract
- What ASTs are available to members on Portfolio?
- Written statement of contract
- How do I create a tenancy on Portfolio?
Last reviewed 15th November 2024