Esther Marshall
Dispute Resolution
Permitted Occupiers
A Permitted Occupier is a person that has been given permission by the Landlord to reside in the rental property with the named tenant.
The Tenant of the rental property that is named on the original tenancy agreement, will be responsible for the permitted occupier.
Who can be a permitted occupier?
A permitted occupier could be anyone, provided the Landlord grants consent. Some examples of permitted occupiers are listed below:
- A partner who stays with the tenant on a regular basis.
- A child of a tenant.
- An older relative of the tenant who requires care and assistance.
What rights do permitted occupiers have?
Unlike tenants, permitted occupiers have no legal rights to the property and are not required to pay rent arrears to the Landlord. However, it is still expected that the permitted occupier residing in the property complies with the tenant obligations and treats the property with care, even though the Tenant is ultimately responsible.
If a tenancy has ended, and the tenant has now moved out, the permitted occupier must vacate the property. If the permitted occupier does not vacate the property, the landlord might have a claim for trespassing. The tenant may still be liable for the rent as they have not left the property in vacant possession.
What happens if the tenant dies?
If the tenant dies, the tenancy comes to an end either one month after the death of the tenant or when the landlord is given notice of the death by the permitted occupiers (if they are aged 18 or over) or by the personal representatives of the tenant.
Related insights
Esther Marshall
Janeet Jawanda
Janeet Jawanda, Solicitor in our Dispute Resolution team, says:
“Landlords have to be careful to ensure they do not accept rent from a permitted occupier and create a tenancy at will. Permitted occupiers are not like guarantors and are not liable to pay rent. If you’re a landlord and you want to evict a tenant and you’re unsure if others are residing in the property, you must speak to a solicitor to ensure you follow the correct procedures in place”