91. TENANT, AUTHORISED OCCUPANT, DEPENDANT AND UNAUTHORISED OCCUPANT - Jack’s Tenant Empowerment - Empowering Social Tenants

91. TENANT, AUTHORISED OCCUPANT, DEPENDANT AND UNAUTHORISED OCCUPANT

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Understanding your status in a social housing property is one of the most important things you can do as a tenant. It affects your rights, your responsibilities, and what can happen if your living situation changes. Many people live in homes without fully understanding where they stand legally, and that can create serious problems later.

A tenant is the person whose name is on the tenancy agreement. This is the individual who has the legal right to live in the property and the legal responsibility to pay rent, follow the tenancy conditions, and maintain the property in a reasonable state. If there are joint tenants, then both individuals share these rights and responsibilities equally.

An authorised occupant is someone who is allowed to live in the property but is not named on the tenancy agreement. This could be a partner, relative, or sometimes a friend, but only if the landlord has given permission. Being an authorised occupant does not give the same rights as a tenant. For example, if the tenant leaves or passes away, an authorised occupant does not automatically have the right to take over the tenancy unless specific conditions are met.

A dependant is usually a child or someone who relies on the tenant for care and support. Dependants are recognised within the household, but like authorised occupants, they are not tenants. Their rights are tied to the tenant’s status. If the tenancy ends, their right to stay in the property usually ends as well, unless alternative arrangements are made.

An unauthorised occupant is someone living in the property without the landlord’s permission. This is where problems often arise. Some tenants allow friends or extended family members to stay temporarily, and over time, that arrangement becomes permanent without being declared. While it may seem harmless, it can breach the tenancy agreement.

Landlords take unauthorised occupancy seriously because it affects housing allocation, overcrowding rules, and legal responsibilities. If discovered, it can lead to warnings, tenancy enforcement action, or in serious cases, eviction.

One of the biggest risks is when the main tenant is no longer present. If an unauthorised occupant is living in the property and the tenant leaves, the landlord is not required to rehouse that person. They may be asked to leave with little notice because they have no legal right to remain.

Succession is another area where status matters. In some cases, a tenancy can be passed on when the tenant dies, but this usually only applies to spouses, partners, or sometimes close family members who have been living in the property for a certain period and are recognised by the landlord. Being an authorised occupant can strengthen a succession claim, but being unauthorised almost always weakens it.

For tenants, the safest approach is always transparency. If someone moves in, even temporarily, it is worth informing your landlord and getting written permission where required. This protects you and the person staying with you.