Permitted Occupiers, Lodgers and HMO’s

With living costs increasing tenants may ask for permission to move someone else into their rented home.  You will need to consider who this is and how it impacts on the tenancy. Permitted Occupier or Lodger?

Terminology

• A permitted occupier is usually a ‘household member’ who lives at the property with the tenant but who is not a tenant themselves and has no right under the Tenancy Agreement
• A lodger is someone who rents a room in someone’s home, and who is not normally a member of the family.

Perhaps the main consideration with occupiers who are not tenants is ‘will this person turn the property into an HMO?’

The answer is

• If the occupier is a member of the tenant's family (or ‘household as per the HMO regulations) then in most cases, no, it won’t
• However, a lodger will not normally be a family member in which case they may well make the property an HMO

You may therefore want to avoid lodger route unless you understand the requirements of an HMO.  However, allowing family to stay will normally be OK, so long as it does not make the property overcrowded.