Authorised and Unauthorised occupiers

Managing authorised and unauthorised occupiers in rental properties can present complex challenges for landlords and letting agents. In this blog, our legal services providers, Woodstock, share their experiences of two cases where unauthorised occupiers needed to be removed from the property.

Case 1

The named tenant received permission from the landlord for his uncle and partner to move into the property temporarily as permitted occupiers, rather than creating a new tenancy agreement.

A permitted occupier is not a tenant but is just authorised to live in the property. They have no legal rights to the property and are only entitled to live there while the tenant is there.

However, the uncle and partner proceeded to allow additional unauthorised occupiers, despite not being authorised by the landlord.

The landlord had concerns about overcrowding and the property becoming an HMO (House in Multiple Occupation) and decided to seek possession.

Although attempts to contact the named tenant were unsuccessful, they were still contractually obliged to pay rent, having neither served notice nor received permission to vacate early. Therefore, the landlord served notice to the named tenant, and this notice extended to the permitted occupiers, requiring them to leave the property when the agreement ended.

An unauthorised occupier is someone who lives in the property without the landlord’s permission. They are not named in the tenancy agreement and have no legal rights to remain in the property. This often constitutes a breach of the tenancy agreement, and the landlord has the right to seek their removal.

Case 2

The tenant appeared to be ideal; the rent was paid on time and there was no cause for complaint. However, the agent and landlord were unaware that the tenant had a partner, and children, but that the relationship with the partner was unstable.

During the tenancy, the tenant allowed his partner and children to move into the property – without the landlord or agent’s permission. The landlord only became aware of the additional occupants when the tenant was arrested due to a domestic incident at the property. Following the arrest, bail conditions prevented the tenant from returning to the property.

The tenant informed the landlord about the domestic situation and gave notice to end the tenancy, citing trespassers in the property (the tenant’s partner and children). The landlord agreed to end the tenancy, and the tenant vacated the property, continuing to pay rent until the end of the notice period.

However, the tenant left his partner and children in the property. They were unable to pay the rent and had no alternative accommodation. This situation forced the landlord to initiate the eviction process through the courts to regain possession of the property.

When looking to terminate a tenancy it is vital to have the full picture of the situation, to ensure that all information can be fully reviewed and the necessary notices issued to take to obtain possession of the property.

Lessons learned and recommendations

1. Establish a strong tenant relationship

From the outset, letting agents or landlords should build a good rapport with their tenants. Open and clear communication can help identify any changes in the tenant’s personal circumstances early on.

2. Know every tenant

If you allow a permitted occupier to move into the property, know who they are, and if possible – add them to the tenancy agreement.

3. Subletting clauses

Tenancy agreements should be properly drafted to ensure there is a clause to prevent unauthorised subletting.

4. Undertake regular Inspections

Regular property inspections can help establish whether there are any unauthorised occupants and changes in the living situation.

5. Stay informed and act swiftly

In the event that any discrepancy is noted, fast action can prevent situations from escalating, and this can save time and effort in the long run.

6. Rent and Legal Protection

Having a rent and legal protection policy can be invaluable. Such policies often provide cover for legal expenses and offer professional support in evicting tenants, including unauthorised tenants.

Conclusion

These examples prove the importance of thorough tenant management and the need for landlords to be vigilant and proactive. However, even with the best practices in place, unforeseen circumstances can still arise. By combining strong relationships, regular inspections, and the security of a rent and legal protection policy, landlords and agents can better manage risks, handle unexpected situations effectively, and protect their rental properties.

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