Updated November 2026 for the Renters’ Rights Act. When a tenant’s partner, adult child or relative moves into your rental property but is not named as a tenant, they are usually a permitted occupier. Handled properly, that is a simple, low-risk arrangement. Handled loosely, it can create an accidental tenancy, a Right to Rent fine, or even an unlicensed HMO.
This guide explains what a permitted occupier in a tenancy agreement is, what checks you must do, what you can and cannot charge, and what happens when the tenancy ends. It reflects the new tenancy system that started in England on 1 May 2026 under the Renters’ Rights Act 2025.
Key takeaways
- A permitted occupier lives in the property with your permission but is not a tenant. Their right to be there depends entirely on the tenant’s tenancy.
- In England, you must do a Right to Rent check on every adult who will live there as their only or main home, named tenant or not. Fines reach £10,000 per occupier for a first breach.
- Take rent only from the named tenant. Accepting rent directly from the occupier risks creating a new tenancy.
- You cannot charge an extra fee or rent for the occupier. Rent can only go up through a section 13 notice, at most once a year.
- Refusing because the occupier is a child is now unlawful discrimination under the Renters’ Rights Act.
What is a permitted occupier?
A permitted occupier is someone the landlord agrees can live in the property who is not a party to the tenancy agreement. They have no contract with you, no tenancy of their own, and no liability for the rent. Typical examples are:
- the tenant’s partner or spouse;
- the tenant’s children, including adult children;
- a parent or other relative who moves in long-term, for example as a carer.
Because the occupier’s right to live there comes from the tenant, it ends when the tenancy ends. That is the core difference from a tenant, a lodger or a subtenant.
Permitted occupier vs tenant, lodger and subtenant
Named tenant
✓ Contract with you
✓ Liable for rent
✓ Full tenancy rights
Permitted occupier
✗ No contract with you
✗ Not liable for rent
✓ Lives there with your consent
Subtenant or lodger of the tenant
✗ No contract with you
✓ Pays rent to your tenant
✗ Usually needs your written consent
| Named tenant | Permitted occupier | |
|---|---|---|
| On the tenancy agreement? | Yes, as a party | Named only in an occupier clause |
| Pays rent to you? | Yes | No, and you should not accept it |
| Right to Rent check? | Yes (adults) | Yes, if 18+ and it is their main home |
| Referencing and credit check? | Usually | Optional |
| Rights when the tenancy ends? | Possession needs a ground and a court order | None of their own, but a court order is still needed to remove them |
If the tenant is taking in someone who pays them rent, that is subletting or a lodger arrangement, not a permitted occupier. See what to do if your tenant is subletting without permission.
How to add a permitted occupier properly
Adding a permitted occupier, step by step
Name, relationship to the tenant and move-in date.
Overcrowding, HMO thresholds and any licence conditions.
Before they move in, for anyone aged 18 or over. Keep copies.
A short permitted-occupier letter signed by you, the tenant and the occupier.
Some policies require all adult occupiers to be declared.
What the permitted-occupier letter or clause should say
- The occupier’s full name and the date they can move in.
- That they are not a tenant, are not a party to the tenancy and have no right to occupy once the tenancy ends.
- That the named tenant remains responsible for the rent and for the occupier’s behaviour.
- That the occupier agrees to follow the house rules in the tenancy, such as no smoking.
Do not give the occupier a separate agreement of their own, and keep all correspondence about rent with the tenant.
Reference templates for occupier clauses and standard letters. Check any book is updated for the Renters’ Rights Act.
Right to Rent checks for permitted occupiers
Under the Immigration Act 2014, landlords in England must check that every adult who will live in the property as their only or main home has the right to rent. That includes permitted occupiers. Children under 18 do not need checking. If an adult occupier joins part-way through a tenancy, check them before they move in.
The civil penalty is up to £10,000 per occupier for a first breach and up to £20,000 for a repeat breach within three years, according to GOV.UK. A correctly done check gives you a statutory excuse. Follow the official document list or our guide on how to perform Right to Rent checks, and diarise follow-up checks for anyone with time-limited permission.
Can you refuse a permitted occupier?
Usually, yes, if you have a genuine reason, because the tenancy agreement will normally say who may live there. But two limits matter:
- Children. Since 1 May 2026, the Renters’ Rights Act makes it unlawful to discriminate against people because a child would live with them or visit. A blanket “no children” stance, or refusing a tenant’s new baby or child moving in, is not allowed. A genuine overcrowding or licensing limit is a different matter.
- Equality Act 2010. Refusals must not be based on a protected characteristic such as race, religion, sexual orientation or disability.
Legitimate reasons to refuse include the property becoming overcrowded, the extra person triggering an HMO licence you do not hold, or breaching an existing licence’s occupancy limit.
Watch the HMO threshold
A partner or relative is part of the tenant’s household. A friend is not. If an occupier means three or more people from two or more households now share the kitchen or bathroom, the property may become an HMO, and five or more people in two or more households needs a mandatory licence. Some councils license smaller HMOs too. Check our HMO licensing guide before you agree.
Rent, fees and deposits
- No occupier fee. The Tenant Fees Act 2019 bans charges other than those it permits. If the tenant asks to change the tenancy, you can charge up to £50 (or more if your reasonable costs are higher and you can evidence them), but not a fee simply for someone moving in. See our Tenant Fees Act guide.
- No automatic rent rise. Under the new periodic tenancies, rent can only rise through a section 13 notice, once a year, to a market level. See increasing rent during a tenancy.
- Deposits. If the occupier pays towards the deposit, they become a “relevant person” and must receive the prescribed information about its protection.
The risk of creating a tenancy by accident
If you treat the occupier as your tenant, a court may decide they are one. The classic trigger is accepting rent from them directly, especially after the named tenant has left. Other warning signs are sending them rent demands, agreeing repairs or terms with them alone, or signing anything with them. Keep the relationship with the named tenant.
If you want the occupier to have full rights and share liability for the rent, make them a joint tenant instead. That means referencing them and putting a new tenancy in place with both names on it. It is cleaner legally, but they gain full tenancy protection.
What happens when the tenancy ends?
Since 1 May 2026, tenancies in England are assured periodic tenancies and section 21 no-fault evictions have ended. A tenancy now ends when the tenant gives notice, or when a court makes a possession order on one of the statutory grounds.
- If you obtain possession through the court, the order and any bailiff warrant cover everyone living in the property, including permitted occupiers.
- If the tenant gives notice and leaves but the occupier stays, the occupier has no tenancy, but you still cannot remove them yourself. Under the Protection from Eviction Act 1977 you need a court order. Do not accept rent from them in the meantime.
- If the tenant dies, a spouse, civil partner or partner living there as their only or main home may be entitled to succeed to the tenancy. Take advice before treating them as an occupier with no rights.
- If the couple separates, the occupier’s right to stay ends with the tenant’s consent, but again only a court can remove them. Our guide to tenants separating covers related situations.
Changing the locks or removing anyone without a court order is an illegal eviction, which is a criminal offence and can lead to large civil claims and rent repayment orders.
Common mistakes
- Skipping the Right to Rent check because the occupier is “only” a partner.
- Taking rent from the occupier when the tenant falls behind.
- Charging an “extra occupant” fee, which the Tenant Fees Act does not allow.
- Agreeing to a friend moving in without checking whether it creates an HMO.
- Forgetting to tell the insurer about an extra adult.
Frequently asked questions
Does a permitted occupier have any rights?
They have no tenancy rights of their own, but they are protected from eviction without a court order, and a partner may have succession rights if the tenant dies.
Does a permitted occupier need a Right to Rent check?
Yes, in England, if they are 18 or over and will live there as their only or main home. Check them before they move in.
Can I charge more rent if someone moves in?
Not automatically. You cannot charge an occupier fee, and rent can only rise through a section 13 notice, at most once a year.
Can I refuse to let a tenant’s child move in?
Not because they are a child. That is unlawful discrimination under the Renters’ Rights Act. You can refuse for genuine reasons such as overcrowding or a licence limit.
Can a permitted occupier be evicted separately?
They have no tenancy to end. If they stay after the tenancy has ended, you need a court order to recover possession.
Should I make the occupier a joint tenant instead?
If you want them to share liability for the rent, yes. Reference them and put a new tenancy in place with both names. They then get full tenancy rights.
Written by The Landlords Portal Team. Checked against GOV.UK guidance on the Renters’ Rights Act and Right to Rent in November 2026. Applies to England unless stated. General information, not legal advice. Related: tenancy agreements guide · tenant referencing · Renters’ Rights Act checklist.
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