Permitted occupier or tenant: the difference, adding one, and whether they need a right to rent check

In England, Wales, Scotland and Northern Ireland, permitted occupier is used differently from tenant or contract-holder, and only Wales gives the label a statutory definition. Right to rent is England-only: “You do not need to prove your right to rent in Wales, Scotland or Northern Ireland.”

What is the difference between a tenant and a permitted occupier?

A permitted occupier who refuses to leave cannot simply be treated as a trespasser in England and Wales: the Protection from Eviction Act 1977 says “the occupier” means “any person lawfully residing in the premises or part of them at the termination of the former tenancy,” so removal normally needs possession proceedings rather than self-help eviction. A tenant, joint tenant, contract-holder or joint contract-holder is a party to the letting contract and owes rent and tenancy obligations; a permitted occupier is allowed to live there but is usually not liable for rent or bound as a tenant. Wales is the exception that legally defines permitted occupier: the Renting Homes (Wales) Act 2016 describes someone who “is not a lodger or sub-holder but is permitted by the contract-holder to live in the dwelling as a home.” Wales also gives that person a direct disrepair-injury claim, because “A permitted occupier who suffers personal injury, or loss of or damage to personal property” may sue. In England, Scotland and Northern Ireland, permitted occupier is a market label, not a statutory housing status.

How do you add a permitted occupier to a tenancy agreement?

You add a permitted occupier by recording the landlord’s consent and the person’s name in the tenancy paperwork or a written variation, but you do not make them a tenant unless the agreement expressly adds them as a tenant, joint tenant, contract-holder or joint contract-holder. Abodient can hold the tenancy document and any signed variation against the letting, which matters because a landlord's only reliable evidence of who was given consent to live there is usually the paperwork, not memory. In Wales, the distinction matters because the default supplementary term says “The contract-holder may permit persons who are not lodgers or sub-holders to live in the dwelling as a home,” while adding a joint contract-holder is separate and “may be effected only by a document signed or executed by each of the parties to the transaction.” In Scotland, a private residential tenancy model term requires notice rather than a permitted-occupier clause: “If a person aged 16 or over (who is not a joint tenant) occupies the let property with the tenant as that person’s only or principal home, the tenant must tell the landlord in writing.” In England and Wales, if the tenant is charged for a tenancy variation, the Tenant Fees Act cap starts at “£50,” unless reasonable costs are higher.

Does a permitted occupier have to sign the tenancy agreement?

A permitted occupier does not have to sign the tenancy agreement just to be listed as a permitted occupier, but they should not sign as a tenant unless the landlord intends to give them tenancy rights and obligations. The practical tenant vs permitted occupier distinction is that the named tenant signs the contract, pays rent and carries the covenants; the permitted occupier is named or approved so the landlord knows who is living there. Market contract guidance states that “The permitted occupier does not need to sign a tenancy agreement,” and another landlord source puts the usual practice plainly: “Their name might be listed on the tenancy agreement for clarity, but they have not signed the contract and are not legally bound by its terms.” Wales points the same way because the written statement duty is owed to “the contract-holder,” not the permitted occupier. Some landlords use a short acknowledgement letter signed by the tenant, landlord and occupier, but that is evidence of permission, not the same thing as signing the tenancy as a tenant.

Do permitted occupiers need a right to rent check?

From 1 October 2026 in England, a permitted occupier needs a right to rent check if they are an adult using the property as their only or main home, because the Home Office code says this includes “everyone over the age of 18, including British citizens,” even if they are “not named on the tenancy agreement.” The Immigration Act 2014 does not depend on the label permitted occupier: it defines a “relevant occupier” as “any adult who occupies premises under the agreement (whether or not named in the agreement),” and it also covers someone who is “permitted to occupy the premises by virtue of an express grant given to another person.” That means the safe answer to do permitted occupiers need right to rent checks is yes in England for adult occupiers living there as their only or main home. Wales, Scotland and Northern Ireland are different: “You do not need to prove your right to rent in Wales, Scotland or Northern Ireland.”

Who is exempt from right to rent checks?

In England, right to rent exemptions are mainly children, ordinary guests and excluded accommodation agreements, not a broad exemption for permitted occupiers. The Home Office landlord guide says “You do not need to check a tenant’s children,” although the landlord should be satisfied they are under 18 when the tenancy begins, and it adds: “You are not required to conduct a right to rent check at the point the child turns 18 years of age.” House guests are also normally outside the scheme because the code says they “will not ordinarily be treated as an ‘occupier’” where they are not living there as their only or main home. Some agreements are excluded because the Act says an “excluded agreement” is one specified in Schedule 3; that includes, for example, “An agreement that grants a right of occupation of tied accommodation.” Long leases can be excluded, but a term of 7 years or more is not treated that way if either party can terminate before 7 years. Outside England, the rule is simpler: “You do not need to prove your right to rent in Wales, Scotland or Northern Ireland.”

Last reviewed August 2026.

Sources

• Protection from Eviction Act 1977 s.3 — “In this section “the occupier”, in relation to any premises, means any person lawfully residing in the premises or part of them at the termination of the former tenancy.” Source
• Renting Homes (Wales) Act 2016 s.244 — “(b)he or she is not a lodger or sub-holder but is permitted by the contract-holder to live in the dwelling as a home.” Source
• Renting Homes (Wales) Act 2016 s.99 — “A permitted occupier who suffers personal injury, or loss of or damage to personal property, as a result of the landlord failing to comply with section 91 or 92 may enforce the section in question in his or her own right by bringing proceedings in respect of the injury, loss or damage.” Source
• The Renting Homes (Supplementary Provisions) (Wales) Regulations 2022 reg.5 — “The contract-holder may permit persons who are not lodgers or sub-holders to live in the dwelling as a home.” Source
• Renting Homes (Wales) Act 2016 s.51 — “The addition of a joint contract-holder under an occupation contract may be effected only by a document signed or executed by each of the parties to the transaction.” Source
• Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017 sch. para.4 — “If a person aged 16 or over (who is not a joint tenant) occupies the let property with the tenant as that person’s only or principal home, the tenant must tell the landlord in writing—” Source
• Tenant Fees Act 2019 sch.1 para.6 — “(a)£50, or” Source
• Legislate — “The permitted occupier does not need to sign a tenancy agreement.” Source
• The Barristers Inc — “Their name might be listed on the tenancy agreement for clarity, but they have not signed the contract and are not legally bound by its terms.” Source
• Renting Homes (Wales) Act 2016 s.31 — “The landlord under an occupation contract must give the contract-holder a written statement of the contract before the end of the period of 14 days starting with the occupation date.” Source
• Home Office right to rent code of practice, 1 October 2026 — “This includes everyone over the age of 18, including British citizens, who will use the property as their only or main home, even if they are not named on the tenancy agreement and regardless of whether the tenancy agreement is written, oral or implied.” Source
• Immigration Act 2014 s.22 — ““relevant occupier”, in relation to a residential tenancy agreement, means any adult who occupies premises under the agreement (whether or not named in the agreement).” Source
• Immigration Act 2014 s.37 — “(b)the person is permitted to occupy the premises by virtue of an express grant given to another person,” Source
• GOV.UK prove your right to rent — “You do not need to prove your right to rent in Wales, Scotland or Northern Ireland.” Source
• Home Office landlord’s guide to right to rent checks — “You do not need to check a tenant’s children, but you should satisfy yourself that they are under the age of 18, at the time the tenancy begins.” Source
• Home Office landlord’s guide to right to rent checks — “You are not required to conduct a right to rent check at the point the child turns 18 years of age.” Source
• Home Office right to rent code of practice, 1 October 2026 — “House guests, such as friends or family members, will not ordinarily be treated as an ‘occupier’ under the Scheme because a guest will generally not be living in the accommodation as their only or main home.” Source
• Immigration Act 2014 s.20 — ““excluded agreement” means any agreement of a description for the time being specified in Schedule 3.” Source
• Immigration Act 2014 sch.3 — “10(1)An agreement that grants a right of occupation of tied accommodation.” Source
• Immigration Act 2014 sch.3 — “An agreement does not grant a right of occupation for a term of 7 years or more if the agreement can be terminated at the option of a party before the end of 7 years from the commencement of the term.” Source