Tenant refuses to sign joint tenancy agreement?

Reply to the comment left by DPT at 07/01/2026 – 15:41
Not what I have read elsewhere.I think anybody living in a property even without a Tenancy Agreement has a right to live in their home, which would not surprise me, especially these days.

Not what I have read elsewhere.I think anybody living in a property even without a Tenancy Agreement has a right to live in their home, which would not surprise me, especially these days.

Reply to the comment left by David at 07/01/2026 – 15:57
Then you’re reading the wrong sources. A permitted occupier is essentially a guest of the tenant. Guests don’t acquire rights.

Reply to the comment left by DPT at 07/01/2026 – 16:10
They don’t acquire rights re the tenancy but the landlord still needs to do a right to rent check on a permitted occupier ….. you don’t need refs or a credit check as you’re not taking rent from them. ( gov website)

Yes I have now find information that agrees with what you say.

Reply to the comment left by Jan Hall at 07/01/2026 – 16:26
Yes. As I said earlier.

Give him the opportunity to put here on as a PO now you know she is not just staying the odd night and is in fact living there. Remind him YOU have a legal obligation to ensure a right to rent check is carried out on her as she is now living there permanently (noting that has also happened without your consent).
Give it a week for him to reply then if nothing heard back, report to the T to the Council stating the property has been occupied by 2 persons full time since X date and any single person discount that may have been claimed now does not apply.
Let them investigate. one of two scenarios. 1. He gets worried and moves her back out, or he asks you to formalise here as a PO.
May seem extreme, but makes it clear that the T also has responsibilities to request the LL of any changes and must have permission gained before he takes action.

I had a similar issue where a single tenant has her boyfriend move in.
She did not let me know until I went for a third inspection and I saw him. Everytime I went for inspection, I felt there was someone else living and she said her parents occasionally stayed there in the spare room.
I wished to take references but he did not have a passport and was not working but was paid by DWP. She wanted him to be a joint tenant, but I aksed for details for Right to rent check and the other references. They did not respond saying he did not a passport or working.
As I wished to sell the property, I had the sales agents to look at the property. They said as there was a lot of stuff like black bags everywhere, there was no room to walk around and view the house so I should get rid of them. So I had to give them notice to leave. That was 14 months ago.
This was good advice as it was sold to an owner occupier.
RRB will make these issues tough as 4 months notice, that only after 12 months stay.

As advised in most of the comments from others, to protect your interests while respecting your tenant’s request for sole responsibility, you can classify the girlfriend as a Permitted Occupier. This status allows her to reside at the property without gaining the legal rights of a tenant.
Immediate Actions to Protect Yourself
1. Formally Record Her Status: Use a side letter or an addendum to the existing tenancy agreement to name her as a “Permitted Occupier”. This document should explicitly state:
• She has no legal right to occupy the property independently.
• She has no responsibility for rent, and the landlord will not accept rent payments directly from her (to avoid inadvertently creating a tenancy).
• She must vacate the property if the main tenant’s tenancy ends.
2. Mandatory Right to Rent Check: Even though she is not a tenant, you are legally required to conduct a Right to Rent check for any adult living in the property as their primary residence. Failure to do so can result in significant fines. https://www.gov.uk/government/publications/right-to-rent-landlords-code-of-practice/code-of-practice-on-right-to-rent-right-to-rent-scheme-for-landlords-and-their-agents-13-february-2024-accessible-version#:~:text=A%20right%20to%20rent%20check%20should%20be%20carried%20out%20on,occupiers%20'a%20new%20joint%20tenancy';
3. Notify Your Insurer and Mortgage Provider: Many landlord insurance policies and buy-to-let mortgage terms require you to disclose changes in occupancy. Failure to notify them could void your coverage.
4. Confirm the Tenant’s Responsibility: Ensure the tenant understands that as the sole tenant, he remains 100% liable for all rent, property damage caused by either party, and ensuring the property is left in “vacant possession” at the end of the tenancy.
Key Legal Risks to Mitigate
• Avoid Creating a Tenancy: Do not accept rent directly from the girlfriend or address formal correspondence solely to her. Doing so could allow her to argue she has acquired tenancy rights.
• Council Tax: Remind the tenant to notify the council. If he was previously claiming a 25% single-person discount, he will likely lose this now that a second adult is resident
Below are example drafts for a Side Letter to your tenant and a Permitted Occupier Form for the girlfriend but please do seek advice for the correct wording as I am no legal guru.
1. Side Letter to the Tenant
This letter confirms your consent while clearly outlining that the legal and financial responsibility remains solely with him.
To: Tenant Name
From: Landlord Name
Date: Date
Property Address: Full Address of Property
RE: Permission for Permitted Occupier
Dear Tenant Name,
Following our discussion regarding your partner, [Girlfriend’s Name], moving into [Property Address], I am writing to formally grant my consent for her to reside at the property as a Permitted Occupier.
I acknowledge your preference to remain the sole tenant. As such, please note the following conditions of this arrangement:
• Sole Responsibility: You remain 100% liable for the payment of rent and all other obligations set out in the Tenancy Agreement dated [Original Tenancy Start Date].
• No Legal Interest: [Girlfriend’s Name] is an authorized resident only and does not hold a legal interest in the property or a tenancy.
• Vacant Possession: In the event your tenancy ends for any reason, [Girlfriend’s Name] must vacate the property at the same time. You are responsible for ensuring the property is returned with vacant possession.
• Conduct: You remain responsible for the conduct of [Girlfriend’s Name] while she is at the property. Any breach of the tenancy terms by her will be treated as a breach by you.
• No Rent from Occupier: To avoid inadvertently creating a new tenancy, I will not accept any rent payments directly from [Girlfriend’s Name]. All payments must continue to come from you.
Please sign and return the enclosed Permitted Occupier Form to confirm these arrangements.
Yours sincerely,
[Landlord Name]
2. Permitted Occupier Form
This form should be signed by both the tenant and the girlfriend to acknowledge her limited status.
PERMITTED OCCUPIER ACKNOWLEDGMENT
Property: [Full Address]
Tenant: [Full Name of Sole Tenant]
Permitted Occupier: [Full Name of Girlfriend]
1. Grant of Permission: The Landlord grants permission for the Permitted Occupier to reside at the Property for as long as the Tenant resides there under the Tenancy Agreement dated [Date].
2. No Tenancy: The Permitted Occupier acknowledges that they are not a tenant and have no legal right to remain in the Property if the Tenant’s tenancy ends or if the Tenant leaves the Property.
3. Rent: The Permitted Occupier is not responsible for paying rent to the Landlord. The Landlord will not accept rent payments from the Permitted Occupier.
4. Compliance: The Permitted Occupier agrees to comply with all rules and obligations regarding the use and care of the Property as set out in the main Tenancy Agreement.
5. Right to Rent: This permission is subject to a successful Right to Rent check. The Permitted Occupier must provide valid identification for this purpose.
Signed (Tenant):
Signed (Occupier):
Signed (Landlord):
Date:

How does this affect you if the tenant is getting UC and it’s paid direct to you. Then you find out she has a partner living with her working she doesn’t want to add him as her benefits will stop!