Permitted occupier living with me I would like vacated?

by Readers Question

7:47 AM, 2nd January 2020
About 10 months ago

Permitted occupier living with me I would like vacated?

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Permitted occupier living with me I would like vacated?

I am the named tenant on my current lease. I have a permitted occupier living with me who I would like to have vacated.

What is the best way to go about vacating them from the property?

Their status on the lease is merely a ‘permitted occupier’ status, can I simply give them a month’s notice or would I have to follow legal proceedings to get them out?

Also, since I went through an agency to rent the flat would I need to get the letting agency involved with vacating them or does the buck stop with me?

Many thanks

Em

 


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Comments

Gary Nock

12:10 PM, 2nd January 2020
About 10 months ago

First port of call is the Letting Agent. See what they advise. Personally as a landlord and an agent I don't like
" permitted occupier" status. They are either a tenant or they're not. Has she contributed towards the rent. Probably. You wouldn't let them stay for free. Are utilities / council tax in your name or joint names? If yes to one or both above questions has she by default become a tenant? More than likely. If so then it becomes a whole new ball game for the agent and landlord who will
need legal advice. Permitted Occupier status overcomplicates things. See a previous post on this to and the different points of view:

https://www.property118.com/permitted-occupiers-rights/

Dylan Morris

19:33 PM, 2nd January 2020
About 10 months ago

If the person is only named as “permitted occupier” on the tenancy agreement (or subsequent correspondence) then they are not a tenant. Give them reasonable notice (preferably in writing) to leave somewhere between a week and a month depending on how easy it is for them to find alternative accommodation.

Kate Mellor

0:54 AM, 4th January 2020
About 10 months ago

A Permitted Occupier has no legal status in the tenancy as they have no legal obligation to pay rent to the landlord, only you do.
This doesn’t even constitute subletting as such, as you live in the property too and share facilities. Your “permitted occupier” is your LODGER. A lodger in your home is there under license and is not a tenant. A license simply translated is a permission to occupy. You can remove that permission at any time. I don’t imagine you even have any kind of written lodgers agreement from what you’ve said.
You aren’t even obligated to inform the agent or landlord that your lodger has left the property. You can end the living arrangements simply by asking the person to move out.
Should they refuse to go or you’re concerned things might become nasty once it’s time for them to leave you can arrange for the police to attend in order to prevent a breach of the peace. Ensure you are clear that the person is a lodger in your home and NOT a tenant or you will find them telling you it’s a civil matter.


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