Guide for renters
Permitted occupier: what it means
A permitted occupier is someone who lives in a rented home with the landlord’s agreement but isn’t a tenant, such as the tenant’s partner or adult child. They don’t owe the rent and can’t end the tenancy, and they can only stay as long as the tenancy does.
England · Checked 28 October 2026 · Independent
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Check a property freePermitted occupier, tenant or lodger?
| Who | Owes the rent? | Ending it | Right to stay |
|---|---|---|---|
| Tenant (or joint tenant) | Yes. Joint tenants are each liable for all of it | Can end the tenancy with notice | Has the tenancy, with full tenant rights |
| Permitted occupier | No, the tenant is | Can’t end or change the tenancy | Only while the tenancy lasts |
| Lodger | Pays the resident landlord directly | Can give notice to the landlord | Has fewer rights, as an excluded occupier |
Lodger or tenant: how to tell.
What is a permitted occupier?
Someone the landlord has agreed can live in the home who isn’t a tenant. They are usually named in the tenancy agreement: a partner, an adult child or another relative of the tenant. They live there because of the tenant’s tenancy, not one of their own.
Does a permitted occupier pay the rent?
Not under the tenancy. The tenant is responsible for all the rent and for any damage, even if the occupier pays towards it between them. That also means the occupier’s share isn’t protected the way a tenant’s is.
What rights does a permitted occupier have?
They can live in the home while the tenancy lasts. They can’t end it, give notice, or agree changes with the landlord, and they have no right to stay if the tenancy ends or the tenant leaves. They can ask the landlord for a tenancy of their own.
What if I am married to the tenant?
A spouse or civil partner who isn’t a tenant has “home rights” under the Family Law Act 1996. The tenant can’t evict or exclude them from the home without a court order, and rent they pay counts as if the tenant had paid it. This matters if the relationship ends.
Does a permitted occupier need a right to rent check?
Yes, if they are 18 or over. The landlord must check every adult who will live in the home as their only or main home, whether or not they are named on the agreement.
Does a permitted occupier affect council tax?
Yes. If the tenant was the only adult and got the 25% single person discount, it ends when another adult moves in, unless that adult is disregarded, for example as a full-time student. The tenant stays responsible for the bill.
How do I add someone to my tenancy?
Ask the landlord in writing, saying whether you want them added as a permitted occupier or as a joint tenant. Either is a change to the tenancy, so the landlord can charge up to £50, or more only if they show in writing that their reasonable costs were higher. A new joint tenant usually goes through referencing, and becomes liable for all the rent with you.
Can someone move in without asking the landlord?
Check your agreement first: most say who may live there and need the landlord’s consent for anyone else. Moving someone in without it can break the tenancy terms. If three or more people from two or more households will live there, it can also turn the home into a house in multiple occupation, which may need a licence.
Moving in together?
If you are about to rent with a partner, it is usually better for both of you to be joint tenants from the start. You both get a tenant’s rights, and neither of you depends on the other’s tenancy to stay. Before you sign, go through the steps and check the home: a free RenterCheck covers its energy rating, flood risk and crime nearby.
Home rights: the Family Law Act 1996, section 30, on legislation.gov.uk. This guide covers common private tenancies in England and is general information, not legal advice. Different rules apply in Scotland, Wales and Northern Ireland, and to lodgers, social housing and some specialist accommodation. RenterCheck is independent and not connected with any landlord, agent or council.
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