Tenant refuses to sign joint tenancy agreement?

Reply to the comment left by DPT at 06/01/2026 – 15:50
Are you sure permitted occupants don’t have any rights to remain in the property, rent free , after the tenant vacates.

Add an addendum stating she is a permitted occupier.

Is the AST within the fixed term or now periodic? If Periodic, which sort?

If the agreement requires consent
The tenant should ask you first.
You can reasonably refuse or allow (e.g. due to overcrowding, mortgage/insurance limits).
If the agreement is silent the tenant is generally allowed to have a partner live with them.
Make her a permitted occupier.
She will have no tenancy rights.
You should confirm in writing she is a permitted occupier and state she must leave when the tenancy ends.
No new AST required.
Right to Rent checks are legally required only if you grant her a tenancy. They are not required for a permitted occupier.
In summary:
Ask the tenant to notify you in writing.
Confirm approval subject to her being a permitted occupier.
Issue a short letter/email confirming:
Her name
That she is not a tenant
That she must vacate when the tenancy ends
No change to rent or tenancy terms
You should not:
Treat her as a tenant without formal paperwork.
Ignore it completely (this could create legal ambiguity).

Reply to the comment left by Steve Riley-Snelling at 07/01/2026 – 09:04
Sorry you’re giving completely incorrect advice. Right To Rent checks are required for anybody living in a rented property over 18 years of age whether they’re a tenant or not.

Reply to the comment left by Dylan Morris at 07/01/2026 – 11:30
Nearly…

The tenant is repsonsible for anyone else they permit to live in the house and must do checks; this is not the landlord’s responsbility. However, this only applies if the tenant charges a rent, i.e. has a lodger. If he doesn’t charge his girlfriend then there is unliulkely to be a RTR issue.

Reply to the comment left by Graham Bowcock at 07/01/2026 – 11:37
Apologies, I wasn’t very clear. The pointing I was trying to make was if the landlord agrees formally that a person can reside with the tenant as a Permitted Occupier, a Right To Rent check definitely needs to be carried out by the landlord.

From the Gov.uk guidance, “You must conduct a right to rent check before you rent to a prospective tenant to ensure they have a legal status in the UK and are therefore allowed to rent. This includes everyone over the age of 18, including British citizens, who will use the property as their only or main home, even if they are not named on the tenancy agreement and regardless of whether the tenancy agreement is written, oral or implied.”

Yes, I agree that in theory the tenant is responsible for carrying out the R2R check on a new occupier once the tenancy is underway, but I always carry it out myself as I like to err on the side of caution and save myself a potential problem further down the track. I also like to know the identity of any adults living in my properties in case of trouble.

I definitely DON’T try to insist on a new partner being added to the AST, it’s far less paperwork if that partnership breaks up.

Reply to the comment left by Kate Mellor at 07/01/2026 – 14:42
and if the tenant let’s someone in without asking you, you are still liable and get fined. All very just.

Reply to the comment left by David at 06/01/2026 – 16:04
Yes, a permitted occupier would have no rights unless they are married to the tenant or are caring for his children, in which case they may have rights through family law

Reply to the comment left by Graham Bowcock at 07/01/2026 – 11:37
I believe that following an amendment under the 2016 Immigration Act, a landlord who has reason to believe that an occupier may not have a right to rent will be legally liable if they don’t act, even if its really the tenant’s responsibility. Its therefore best for the landlord to always conduct the checks themselves.