General FAQs

Yes, as long as they are party to the tenancy agreement.

Who is party to tenancy agreement?

Any other tenants or a guarantor are party to the tenancy agreement and can pay rent on the tenants behalf.

Who is not party to the tenancy agreement?

Permitted occupiers are not party to the tenancy agreement and should not pay rent on the tenants behalf.

Unless they are on the tenancy agreement or guarantors, friends, family members, spouses, or partners are not eligible to pay rent.

Why is this?

Due to the way in which property law works in England, if a landlord accepts rent from someone who is not party to the tenancy, they could inadvertently create an implied tenancy with this person.

If you are looking to move a partner, friend, or family member, into your home, it is essential that you consult with your landlord before taking any action. If you move someone in without the landlord’s consent, you will likely be breaching the terms of your tenancy agreement. 

Whether a landlord can consent to another person moving into a property depends on several factors:  

House Share 

If you are renting a single room in a house, the property may be a licenced House of Multiple Occupancy (HMO). HMO’s have strict requirements regarding the maximum number of tenants. This may limit your ability to move in a partner. 

Sole Occupancy 

If you are renting an entire house or apartment, there are fewer restrictions on moving in a partner or family member. However, space must be a consideration, as landlords have a duty of care to ensure that properties are safe and not overcrowded. 

If a landlord can consent to another person moving into the property, you have two options as to how this person can join the property: 

Tenant	Permitted Occupier
The new person may be added to your tenancy as a tenant, sharing all the rights and responsibilities you have.   Pros:  Equal responsibility for rent and property maintenance. Full legal rights associated with being a tenant.  Cons:  The new tenant may need to undergo referencing, which could incur a fee. A new tenancy agreement will need to be signed.	A permitted occupier is authorised to live at the property but is not a tenant and does not have the legal rights of one.   Pros: No referencing process or additional costs. Flexibility to leave at any point during the tenancy.  Cons: No shared responsibility for rent. No legal rights associated with being a tenant.

Do be mindful that tenants and permitted occupiers must be able to prove their right to rent in the UK.