What is a Permitted Occupier in a Tenancy Agreement? (2026 Guide)

If a tenant’s partner, adult child or other family member moves into your rental property but is not named on the tenancy agreement, they are known as a permitted occupier. Understanding exactly what that means — and what it does not mean — is essential for every landlord.

Key Takeaways

• A permitted occupier has no independent tenancy rights — their right to occupy depends entirely on the named tenant.
• Landlords must carry out Right to Rent checks on all adults (18+) who occupy the property as their only or main home, including permitted occupiers.
• If you accept rent directly from a permitted occupier, you risk inadvertently creating a new tenancy — keep all financial arrangements with the named tenant only.
• Section 21 “no-fault” eviction is abolished as of 1 May 2026 under the Renters’ Rights Act 2025. All tenancies are now open-ended periodic tenancies.
• Landlords cannot unreasonably refuse a tenant’s request to have children live with them — doing so risks discrimination claims.

What is a Permitted Occupier?

A permitted occupier is someone the landlord allows to live in the property who is not named on the tenancy agreement. They have no direct legal relationship with the landlord and hold no independent tenancy rights. Common examples include:

• A tenant’s partner or spouse
• Adult children of the tenant
• Other family members or close friends staying long-term

A permitted occupier is distinct from a tenant, a lodger, and a subtenant. Their right to remain in the property derives entirely from the named tenant’s tenancy. When the tenancy ends, so does the permitted occupier’s right to be there.

Permitted Occupier vs Tenant: Key Differences

Aspect	Named Tenant	Permitted Occupier
On tenancy agreement?	Yes	No
Direct relationship with landlord?	Yes	No
Independent tenancy rights?	Yes	No
Pays rent to landlord?	Yes	Should not — see below
Right to Rent check required?	Yes	Yes — if main home

Right to Rent Checks for Permitted Occupiers

Under the Immigration Act 2014, landlords must check that all adults aged 18 or over who occupy the property as their only or main home have the right to rent in the UK. This applies to permitted occupiers as much as to named tenants.

You must carry out these checks before the permitted occupier moves in and keep records of the documents you have seen. Failing to carry out Right to Rent checks correctly can result in a civil penalty. Full guidance is available from GOV.UK: check tenant right to rent documents.

The Risk of Inadvertently Creating a Tenancy

One of the most important practical points for landlords is this: if you start accepting rent directly from a permitted occupier, or treat them in a way that implies a direct landlord-tenant relationship, a court could find that a new tenancy has been created. This gives them independent tenancy rights you did not intend to grant.

To protect yourself:

• Ensure all rent is paid by and to the named tenant only.
• Include a clear permitted-occupier clause in the tenancy agreement naming the individual and confirming they hold no tenancy rights.
• Consider issuing a short permitted-occupier letter signed by the tenant, the permitted occupier, and yourself.
• Do not enter into any separate written agreement with the permitted occupier.

Some landlords choose to add an occupier to the tenancy agreement as a named tenant instead. This is cleaner legally but means carrying out full referencing and credit checks — and the occupier then has full tenancy rights and joint and several liability for the rent.

Discrimination: Tenants with Children

Landlords should be aware that refusing to allow a tenant’s child to live in the property can, in some circumstances, constitute unlawful discrimination under the Equality Act 2010 (indirect sex or family-status discrimination). You cannot impose a blanket “no children” policy.

If a tenant asks to have a child move in, consider the request carefully and on its individual merits. Legitimate concerns about overcrowding or breach of HMO licence conditions are different from a blanket refusal.

What Happens When the Tenancy Ends?

Under the Renters’ Rights Act 2025 (in force 1 May 2026), all tenancies in the private rented sector are now open-ended periodic tenancies. Section 21 “no-fault” eviction has been abolished.

When a tenancy ends — whether because the tenant gives notice, or because a court grants possession to the landlord on one of the statutory grounds — the permitted occupier’s right to occupy ends at the same time. A permitted occupier has no separate tenancy to bring to court and no independent right to remain.

If a permitted occupier refuses to leave after the tenancy has ended, you will need to obtain a court order for possession in the usual way. Attempting to remove anyone from a property without a court order is an illegal eviction and can lead to criminal prosecution and substantial civil liability.

Permitted Occupier Clauses and Documentation

Good documentation protects everyone. Consider including the following in your tenancy agreement or as a supplementary letter:

• The full name(s) of any permitted occupier(s)
• A clear statement that the permitted occupier holds no tenancy rights and is not a party to the tenancy agreement
• Confirmation that occupation is conditional on the named tenancy remaining in force
• Any conditions the landlord places on the permitted occupier (e.g. Right to Rent compliance)

If you use a letting agent, ask them to handle this as part of the standard tenancy set-up. Some landlords find a dedicated landlord tenancy forms reference book helpful when drafting these clauses. If you want a practical reference, this landlord tenancy forms guide on Amazon covers a range of standard clauses and template letters.

Some links are affiliate links — as an Amazon Associate, Landlords Portal earns from qualifying purchases.

Frequently Asked Questions

Can a permitted occupier be evicted separately from the tenant?

No. A permitted occupier has no independent tenancy rights, so there is nothing to separately terminate. They must vacate when the tenancy ends. If they do not, the landlord needs a court possession order.

Does a permitted occupier need to pass a Right to Rent check?

Yes. The landlord must carry out a Right to Rent check on all adults (18+) who will occupy the property as their only or main home, regardless of whether they are named on the tenancy agreement. See GOV.UK guidance for the approved documents.

What if I want to add the occupier to the tenancy?

You can add them as a named co-tenant, but this requires updating the tenancy agreement, conducting referencing/Right to Rent checks, and giving them full tenancy rights and joint liability for rent. Take legal advice if unsure.

Can I charge extra rent because a permitted occupier has moved in?

This depends on the terms of your tenancy agreement. The Tenant Fees Act 2019 restricts the fees you can charge in England — seek advice before making any changes, as unlawful charges carry civil penalties.

Is my landlord insurance affected?

It may be. Some policies require you to declare all adult occupiers. Check your policy and notify your insurer of any permitted occupier, especially if they are a long-term resident.

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Sources: Guide to the Renters’ Rights Act — GOV.UK | Right to Rent checks — GOV.UK

This article is general information for UK landlords, not legal advice. Check the current position or take professional advice.