Is a Permitted Occupier named on the AST?

by Readers Question

9:18 AM, 23rd November 2016
About 2 years ago

Is a Permitted Occupier named on the AST?

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Is a Permitted Occupier named on the AST?

Hello please could someone advise if a permitted occupier is named on the tenancy agreement and should sign the agreement?

Many thanks

Mark



Comments

Neil Patterson

9:25 AM, 23rd November 2016
About 2 years ago

Hi Mark,

There shouldn't be an an agreement between you and the permitted occupier otherwise they then can assume rights to the property I believe.

We have a previous article on this as well >> https://www.property118.com/permitted-occupiers-rights/73464/

But this is not something I am familiar with and very dangerous ground so I would rather someone else answer the specific question if possible.

Gary Nock

16:36 PM, 23rd November 2016
About 2 years ago

In my world theres no such thing as a permitted occupier. They are a tenant, and referenced as a tenant, rent insured as a tenant, and they give notice as a tenant. If they are not referenced -permitted occupier is a way of avoiding referencing...after all they are only a "permitted occupier" and have no rights...do they? You try getting them out without going to court. They will swear blind they have paid towards the rent etc, will have utility bills in their name and will call the police if you try and evict them without a court order. And if the police turn up - and I was an Inspector for 19 years out of my 30 before I was a landlord and letting agent- then in the absence of anything concrete like a court order you will be asked to desist from the "eviction" of the permitted occupier or face arrest under the Protection From Eviction Act 1977:

"Part I
Unlawful Eviction and Harassment

1 Unlawful eviction and harassment of occupier.

(1)In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.

(2)If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises"

Yes I know its full of legal twists and turns - but it's not worth it. Get the "permitted occupier" referenced and on the tenancy agreement.


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