Common use of Other Occupiers Clause in Contracts

Other Occupiers. Clause B2.1 allows the tenant to live in the property with children or dependents provided they are under the age of 18 at the start of the tenancy. If there are any other adults (including adult children or other adult dependents) who will be living in the property (but not as one of the named tenants), then as for the tenant(s), the relevant Right to Rent checks will need to be carried out before the start of the tenancy and their names need to be included in the agreement. Clause B2.2 states that the landlord’s permission must be sought if the tenant wants any additional people to move in. For example, they may decide that they wish to share the property with a lodger. A lodger is a person who does not have exclusive possession of any part of the property and therefore has a licence to occupy rather than a tenancy. If the tenant decides to grant exclusive possession of part of the property to another person for part or all of the tenancy then this will be subletting, for which the consent of the landlord is also required (see clause C7). If the tenant decides to share the property with a lodger who will be using the property as their only or main home, a check will need to be undertaken to confirm that the lodger has the Right to Rent (see xxxxx://xxx.xxx.xx/check-tenant-right-to- rent-documents). Normally, the tenant would be responsible for making this check on a lodger. However, sometimes it may be sensible or more appropriate for the landlord to conduct the check (e.g. at the start of a tenancy when the landlord is checking the tenant’s own right to rent). In these circumstances the tenant and landlord should formally agree between themselves in writing who will take responsibility for carrying out this check. Clause B2.3 allows the landlord to specify the maximum number of people who can live in the property. This is to prevent overcrowding and other risks. Clause B2.4 explains that the tenant is responsible for the conduct of any member of the household or visitor to the property. The tenant will be liable if, for example, visitors cause a nuisance or damage the property.