How to Vacate a Permitted Occupier

EmEverie

Hi,

Hoping someone can help me with a little predicament. 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?!

Thanks for your help.

theartfullodger

What does the tenancy state about ending their right to live there? Sorry, can't read it from here

G_M

What notice period did you agree with your PO when they moved in (if any)?


If none, I'd suggest a week. Then change the locks.

EmEverie

There isn't anything explicit in the lease around "ending their right to live there" per say - the only wording closest around this is under the definitions/glossary section which states:

"Permitted Occupier(s) means the person(s) set out in Schedule 1 who is/are a person(s) licensed by the Landlord to reside at the Premises for the duration of the Tenancy."

Is this saying I cannot vacate the PO? If so, doesn't that in a way mean the PO is a tenant without any responsibilities to the property? All the risk is on me and everything is in my name. Do I have any wiggle room around this definition in the lease since this was only under the definition/glossary section?

This person is a nuisance, I plan on continuing to live here and since I'm the tenancy holder I plan on renewing my lease with the letting agency once the term expires. There's still 5 months remaining on the current lease but really don't want to have to put up with this said individual any longer. Is there a way to vacate them without having to wait 5 months?

Thanks again for your help.

EmEverie

theartfullodger wrote: »

What does the tenancy state about ending their right to live there? Sorry, can't read it from here

There isn't anything explicit in the lease around "ending their right to live there" per say - the only wording closest around this is under the definitions/glossary section which states:

"Permitted Occupier(s) means the person(s) set out in Schedule 1 who is/are a person(s) licensed by the Landlord to reside at the Premises for the duration of the Tenancy."

Is this saying I cannot vacate the PO? If so, doesn't that in a way mean the PO is a tenant without any responsibilities to the property? All the risk is on me and everything is in my name. Do I have any wiggle room around this definition in the lease since this was only under the definition/glossary section?

This person is a nuisance, I plan on continuing to live here and since I'm the tenancy holder I plan on renewing my lease with the letting agency once the term expires. There's still 5 months remaining on the current lease but really don't want to have to put up with this said individual any longer. Is there a way to vacate them without having to wait 5 months?

Thanks again for your help.

EmEverie

G_M wrote: »

What notice period did you agree with your PO when they moved in (if any)?


If none, I'd suggest a week. Then change the locks.

No notice period was agreed when I allowed them to moved in. Once I agreed they could move in I simply notified the letting agency that hey were moving in (per the notification clause in my tenancy agreement) to inform them of the lodger and they then simply added the person as a permitted occupier on the lease. Would I need to get the letting agency involved? Really would like to keep them out of it if at all possible.

00ec25

you do not want them to go on "vacation", you want them to leave

the relationship is between you and the PO. The agency has no say in the matter, nor does it need to be consulted or in any involved.

you simply do what G-M says, you give the PO "reasonable (1 week) WRITTEN notice to leave.
They have no right to remain there if you have done so, hence you could then change the locks.
What you cannot do is to "steal" their possessions - you would need to return those to the PO at an agreed time and place if they do not physically remove them when you change the locks and therefore physically evict the PO (make them leave)

yksi

And don't tell them that you will be changing the locks. Simply give them written notice that they need to leave by X date. If they haven't left, then you change the locks.

G_M

https://www.youtube.com/watch?v=VXAo7zSN-9o


https://www.youtube.com/watch?v=V1WP3o4jAFc

EmEverie

G_M wrote: »

What notice period did you agree with your PO when they moved in (if any)?


If none, I'd suggest a week. Then change the locks.

00ec25 wrote: »

you do not want them to go on "vacation", you want them to leave

the relationship is between you and the PO. The agency has no say in the matter, nor does it need to be consulted or in any involved.

you simply do what G-M says, you give the PO "reasonable (1 week) WRITTEN notice to leave.
They have no right to remain there if you have done so, hence you could then change the locks.
What you cannot do is to "steal" their possessions - you would need to return those to the PO at an agreed time and place if they do not physically remove them when you change the locks and therefore physically evict the PO (make them leave)

Thank you, that's very helpful and i'm happy to know that. I am just a little worried as they are listed on my AST as permitted occupier and under the definitions/glossary section on the AST it defines permitted occupier as:

"Permitted Occupier(s) means the person(s) set out in Schedule 1 who is/are a person(s) licensed by the Landlord to reside at the Premises for the duration of the Tenancy."

So given this definition on my AST if I ask them to leave they still have to leave after being given reasonable notice - correct despite this definition in the AST?
I'm really hoping this definition in the AST doesn't mean I cannot ask them to leave.

Thank you all - i really appreciate your help and advice.

00ec25

who do they pay rent to?
a) direct to you?
or
b) direct to YOUR LL?