A permitted occupier is an individual authorised by the landlord to live at the rented property but isn't the tenant. A permitted occupier is not a party of the tenancy agreement. This means that the legal relationship of the tenancy is only between the landlord and the tenant.
Who can be a permitted occupier on a tenancy agreement?
A permitted occupier could for example be a tenant's partner and/or children. Whilst they are not a party of the tenancy agreement, their names will be added to the tenancy agreement in the permitted occupier section to confirm they have the landlord's authorisation to occupy the property.
Does a permitted occupier have to pay rent?
The tenancy agreement is between a tenant and a landlord and it is the tenant's responsibility to pay rent. A permitted occupier is not a party of the tenancy agreement and therefore does not need to pay rent to the landlord. A permitted occupier is not a subtenant or lodger either and should not pay rent to the tenant.
What is the difference between a tenant and an occupier?
A tenant has a set of basic rights and obligations such as the quiet enjoyment of their rented property in exchange for paying rent. A permitted occupier does not have the same rights and obligations as the tenant and is simply permitted to occupy the property with the tenant by the landlord.
How do I remove a permitted occupier?
A permitted occupier is a person who is not a tenant but has permission to stay in the rented property. They have no legal rights to the property and are not required to pay rent to the landlord, the tenant is responsible for the permitted occupier.
If the tenant leaves the property the permitted occupier must too. If a tenant gives notice and a permitted occupier refuses to leave, the tenant is still liable for rent as they have not left the property in vacant possession. A landlord cannot request rent from the permitted occupier and must demand the rent from the tenant as the tenancy agreement is between the landlord and tenant. Requesting rent from a permitted occupier may be held as granting them a tenancy as the landlord is treating the permitted occupier as a tenant.
The landlord can make an emergency application to the court for an interim possession order. If 24 hours after the order is served the permitted occupier has not left the property, the police may access the property and remove the occupier.
