Adding A Permitted Occupier To A Tenancy Agreement

If a couple were on a tenancy agreement with one as a designated tenant and the other as a licensed occupier and the tenant left the property, the remaining person would have no obligation under the tenancy agreement. They would not be required to leave the property unless it was necessary to obtain negotiations and a court decision to obtain ownership of the property on the basis of that tenant. The general rule is that all occupants of the property over 18 should be designated as tenants. If necessary, guarantee a guarantor for the tenant who may not fully meet the reference criteria. TDS Academy: TDS offers real estate professionals invaluable training in the protection of rental deposits and rental deposit disputes. Similarly, there may be cases where one tenant can help another by paying most or all of the rent. This is often the case for couples with different income levels, but the problem for landlords may arise if the couple separates and the main feeder disengages at the end of the lease. The remaining tenant may not be able to pay the rent, but there could be a long battle to reclaim the property if he refuses to move. In these circumstances, the designation of the second person as a licensed occupier and not as a tenant could give the lessor more security, since the underrated tenant is not entitled to continue to reside in the property without the principal wage. One of the major drawbacks of admitting licensed occupants from a landlord`s point of view is that they can land with someone who lives in the unit and cannot pay the rent. The lease may be complete and the principal tenant may have moved, but the licensed occupant may refuse to leave the building. You are not allowed to be technically there (and the tenant has not given the property free to the owner) – but also if the authorized occupier really won`t leave, then the landlord can wade into a legal swamp if he tries to reclaim the property.

A tenant should also think before moving into a property with a licensed occupant. You may be good friends, partners or family, but at the end of the day, it is the tenant who will have full responsibility for maintaining the end of the lease, even if the relationship with the authorized occupier deteriorates. In the above situation, the landlord could, for example, try to go to the tenant for rent arrears taken into account by a licensed tenant who stayed beyond the end of the lease – even if the tenant himself moved. TDS insured scheme: where a TDS member can keep rental deposits as a stakeholder for the duration of the lease. This policy is used when pets are allowed with the written permission of the lessor. These clauses must be used when an additional tenant is added to a tenancy agreement with the landlord`s consent. Tenants should always ask for permission to move in with a partner, even if there is no specific clause in the tenancy agreement that prohibits it.