The situation is this: Tenants are on a rolling contract (all through OpenRent) and I just found out their son has just turned 18. Therefore he needs to either be on the AST or have some sort of Permitted Occupier document.
I cannot find anything on OpenRent about how to create the Permitted Occupier document. Everything I find talks about adding it to the AST - which means a new AST.
I’m sure everyone that has used OpenRent know the hassle of a new AST (I have done it and it costs me money I cannot reclaim from the tenants AND I have to give the deposit back in order to take it again!! In summary: EVERYTHING is linked to the AST so starting a new one means starting new on EVERYTHING).
The best I can find is a recommendation to “… write to the tenants giving permission for them to live there for the duration of the tenancy as a Permitted Occupier”.
This seems such a “normal” thing to do that I am surprised (after over 10 years as a landlord) that there is so little help on the internet about it.
I am sure you can just leave the AST as is, and as they are related, it is not a HMO situation. If still worried, use your words to confirm with the tenant that their son is a permitted occupier. Nothing else is needed in my view.
I am sure David, or someone else, will provide an authorative answer based on their knowledge of the law.
The is no formal permitted occupier form. You just write a letter to the tenant saying that they are free to allow person x to live at the property as a permitted occupier for a period not exceeding the length of their tenancy or their own occupation of the property.
You may also need to do a right to rent check on the 18 year old now, depending on their status.
You should also check the terms of your insurance and any mortgage to ensure that there is no clause requiring all adults to be tenants.
Ref Permitted occupier
Tessa’s contract includes a section for naming of permitted occupier and terms and conditions for permitted occupier in her contract.
Some solicitors don’t like it
Mine said if they pay rent it can be construed as a tenancy and vies away from the concept
Each to their own
Yes, the NRLA agreement has the same section, which I’ve used. I, personally don’t see any problem with the clause. In this case though, the permission needs to be given after the tenancy agreement is in operation, so any written permission would need to be separate.
I agree about the rent though. A permitted occupier is not a tenant and the landlord could not accept rent from them without risking creating a tenancy.
@Tony2 You’ve asked for a “simple solution”, but I am not sure if I am making it simple for you
As far as I heard, it’s best to treat all adult occupiers as “tenants”. Imagine a scenario where the other adults move out of your property leaving the 18-year-old son, who stops paying rent to you. If he’s not been accepted formally as a “tenant”, then – I was told that – it would be much more difficult to evict him, as he’s not your tenant.
Also, if you have rent guarantee insurance, normally they require the landlord to do referencing on all adults living at the property. In the same scenario above, you wouldn’t be protected for rent payments via the insurance if the son has not be referenced in the first place.
