Permitted occupier guide for landlords

A permitted occupier is similar to a tenant in that they are allowed to live in a rental property. However, they are not officially recognised as a tenant, which means they do not have the same legal rights and are not required to pay rent to the landlord.¹. They aren’t to be confused with lodgers, as lodgers usually live with a landlord and pay rent. 

In theory, a permitted occupier could be anyone, but common examples include a tenant's partner who regularly stays at the property or an elderly relative or child of the tenant who needs care.

The official tenant is responsible for the permitted occupier, ensuring that they treat the rental property with care.

Permitted occupiers over 18 years old must prove their Right to Rent and legally reside at a rental property.² Landlords must verify this by checking the occupier's details, such as ID, to ensure they are legally allowed to live in the UK. However, unlike tenants, landlords don’t have to get references for permitted occupiers as they’re the tenants' responsibility.³ 

Landlords can include permitted occupier clauses within tenancy agreements. These make sure that it’s on record who the permitted occupier residing within the property is. This can help ensure that you don’t invalidate your insurance. It can also confirm that the tenant is responsible for the permitted occupier, which can be useful if any disputes arise during the tenancy. ⁴ 

Under the Homes (Fitness for Human Habitation) Act 2018 (external link)⁵, landlords are required to ensure that rental properties are in excellent condition for both tenants and permitted occupiers. Section 11 of the Landlord and Tenant Act 1985 (external link)⁶ mandates that landlords must repair and maintain essential installations.

Unlike tenants, permitted occupiers have no legal rights regarding the rental property.⁷ They’re expected to look after the rental property and keep it in good condition, but it’s the tenant’s responsibility to oversee this. Permitted occupiers bear no responsibility for the tenant's actions. If the tenant causes damage, the permitted occupier is not legally accountable. 

If the tenant vacates the property, the permitted occupier must also leave. Should the permitted occupier refuse to move out, it becomes the tenant's responsibility, as their tenancy agreement should state that the property must be left in vacant possession.⁸ In such cases, landlords should not ask the permitted occupier for rent, as this could be interpreted as granting tenancy rights to the occupier.