Permitted occupier

A permitted occupier is a person the landlord allows to live in a rented property who is not a tenant, is not named on the tenancy agreement, pays no rent to the landlord, and holds no independent legal right to occupy the property. Their right to live there is entirely derived from the tenant's, and it ends when the tenancy ends.

Permitted occupier versus tenant

A permitted occupier is not a tenant. They are not named on, or bound by, the tenancy agreement, and they hold no independent right to occupy the property. A tenant has exclusive possession, pays rent and carries the obligations of the tenancy. A permitted occupier has none of these. The tenant remains fully responsible for the property and for the conduct of anyone living there with permission, which is why the arrangement works only where landlord and tenant both understand that the occupier answers to the tenant, not the landlord.

Permitted occupier versus lodger

They are also distinct from a lodger, who pays rent to a resident landlord and shares that landlord's home. A lodger is an excluded occupier with a direct arrangement with the property owner. A permitted occupier has no arrangement with the landlord at all, pays the landlord nothing, and lives alongside the tenant. The common examples are a tenant's partner moving in during a tenancy, an adult child returning home, or an elderly relative who needs care.

Do permitted occupiers need Right to Rent checks?

Yes. In England, the landlord must carry out a Right to Rent check on every adult aged 18 or over who will live in the property as their only or main home, and that includes permitted occupiers, not only the named tenants. The requirement comes from the Immigration Act 2014, and the check must be completed before the person moves in. Missing it carries a civil penalty, so a permitted occupier added mid-tenancy should be checked at the point they join, exactly as a tenant would be.

Can adding one create an HMO?

It can. Every permitted occupier counts towards the number of people in the property, so adding one can tip a home into House in Multiple Occupation territory under the Housing Act 2004, where three or more people from two or more households share facilities. A landlord agreeing to a permitted occupier should check whether the additional person changes the property's licensing position before saying yes. Because a permitted occupier still requires a Right to Rent check and can affect a property's HMO status, many landlords record and track these obligations alongside their other compliance.

Should a permitted occupier be named in the tenancy agreement?

It is good practice. Recording the permitted occupier in a clause in the tenancy agreement puts on record who is living there, confirms that the tenant is responsible for them, and helps satisfy an insurer, since many landlord policies require all occupiers to be disclosed. The clause acknowledges the person's presence; it does not give them any tenancy rights, and it should say so.

What happens when the tenant leaves?

Because a permitted occupier's right to live in the property is derived entirely from the tenant's, it ends when the tenancy ends. If the tenant leaves, the permitted occupier has no independent security of tenure and must leave too. From working with self-managing landlords across the UK, the mistake that causes the most difficulty here is accepting money directly from a permitted occupier, whether to cover rent or to let them stay on after the tenant has gone. Following the substance-over-form principle in Street v Mountford [1985], taking rent directly from an occupier can be argued to create a tenancy in their favour, handing them rights they never had. If a permitted occupier needs to become the tenant, the correct route is a new tenancy agreement in their name, not an informal rent payment.

Frequently asked questions

Do permitted occupiers pay rent?

No. A permitted occupier pays no rent to the landlord. The tenant pays the rent and remains responsible for the tenancy. A landlord who accepts rent directly from a permitted occupier risks inadvertently granting them a tenancy.

Does a permitted occupier have any rights to stay in the property?

No independent right. Their right to occupy comes from the tenant's tenancy, so when that tenancy ends, they have no separate security of tenure and must leave.

Can a landlord refuse a permitted occupier

Yes. A tenant needs the landlord's permission to add a permitted occupier, and the landlord can reasonably decline, particularly where the extra person would breach an HMO licence, an insurance condition or a superior lease.

Is a permitted occupier the same as a subtenant?

No. A subtenant holds a tenancy granted by the tenant and pays rent to them. A permitted occupier has no tenancy and pays no rent to anyone in respect of their occupation.