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How to Vacate a Permitted Occupier
Comments
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You are the sole tenant. The Permitted Occupier has no legal relationship with the owner/your landlord.I am the named tenant on my current lease.
Your landlord has given you permission to allow this person to reside in the property. But that person's legal relationship is with you- you are their landlord. It is up to you whether to allow the PO to stay or not - your tenancy agreement gives you that option. It does not give the PO any right to remain......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."
Reasonable notice then change the locks.0 -
who do they pay rent to?
a) direct to you?
or
b) direct to YOUR LL?
They pay direct to me. They've never dealt or had any interactions with the agency or LL. It was merely a casual arrangement on temporary basis. I was merely trying to help out this person and in wanted to ensure I stayed true to my lease in doing so by making sure I asked the letting agency/landlord's permission first who had then mentioned that it was their usual practice to add any additional temporary residing people as permitted occupiers.0 -
You are the sole tenant. The Permitted Occupier has no legal relationship with the owner/your landlord.
Your landlord has given you permission to allow this person to reside in the property. But that person's legal relationship is with you- you are their landlord. It is up to you whether to allow the PO to stay or not - your tenancy agreement gives you that option. It does not give the PO any right to remain.
Reasonable notice then change the locks.
That's great to know! Thanks ever so much
G_M ! Much appreciated.0 -
Sweet jesus - NO! Just no!
The occupier is by virtue of the lease, at least on initial appearance a licencee. However, if the conduct of the landlord/tenant relationship has otherwise construed a tenancy, then a tenancy exists in law, regardless of what the leasehold agreement states. Changing the locks will render you liable to civil as well as potential criminal actions...
DON'T DO AS ABOVE!
If you have allowed this person sole and exclusive use of a bedroom that you don't and have never entered, or have entered with the occupiers permission only, that person is by virtue of common law; a tenant! Depending on the date they moved on, at the very least a shorthold assured tenant! You would need to serve a section 21 notice to make any eviction lawful...
For your own sake, as well as the rights of your co-occupier, please explain more about your landlord/tenant relationship, and never ever change the locks, no matter what a bunch of idiots say on the web... If you change the locks and they are a tenant, the 'tenant' is quite within their rights to call the police, and have them kick in your front door, even off its hinges, to let them back into their home, and then bill you for whatever damage is caused to their home/property...
For heaven sake, ignore any fool who ever suggests immediate action, without pause for thought!0 -
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.You are the sole tenant. The Permitted Occupier has no legal relationship with the owner/your landlord.
Oh my! Land law, as taught by the fools and idiots of old! No, oh my, just no!0 -
Yeah, lets ignore the fact that I have 20 years+ experience of evictions at County Court level!
Idiots should not be allowed to comment on matters of law, not when issues are this serious. Contact any law centre in the UK in the morning and see if they say different (they won't)!0 -
Go to any court, and tell them that you got your advice from a person with 8,000+ or 1,000+ posts on an internet web site... When the judge has finished laughing... Remember what I said above...
Contact a law centre, and ignore idiots on the web!0 -
Newish, I think you are confusing "lodger" with "tenant."e cineribus resurgam("From the ashes I shall arise.")0
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Winter_Phoenix wrote: »Newish, I think you are confusing "lodger" with "tenant."
It certainly seems like it.0 -
Did anyone else get a PM from the new forum member? Apparently they reported my (factually correct) post.0
This discussion has been closed.
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