When a Landlord Makes a Mistake – Occupiers, Teenagers and Right to Rent Compliance

Landlords will occasionally make mistakes

Most landlords act in good faith but the complexity of housing law means mistakes can occur.

In many cases the issue is not the mistake itself but how quickly it is identified and corrected.

Where documentation is unclear, occupiers are not properly recorded, or identification checks are missed, problems may arise later during possession proceedings, disputes or compliance checks.

The best approach is always to identify potential issues early and correct them before they become a legal problem.

Example scenario – tenants with teenage children

A common situation arises where a tenant moves into a property with children who are under the age of 18.

Because minors cannot legally enter into a tenancy agreement, they cannot be named as tenants.

In most cases they simply live at the property as members of the tenant’s household.

This raises an important question for landlords when those children later become adults.

Question landlords often ask

What happens when a tenant’s children turn 18 and continue living at the property but do not want to be added to the tenancy agreement?

Can the landlord add them to the tenancy?

Once a person turns 18 they may legally become a tenant, but they cannot be forced to join the tenancy agreement.

The tenancy agreement is a contract and requires the agreement of all parties.

If the individual does not wish to become a tenant, they will normally remain living at the property as an occupier.

It is important to remember that the property is legally the tenant’s home during the tenancy.

This means the tenant normally has the right to allow family members to live with them.

Should the landlord name them as a permitted occupier?

This is where landlords should exercise care.

The tenant usually has the right to permit family members to reside at the property as part of their household.

For that reason, the landlord should not normally attempt to impose a contractual status on someone who has simply become an adult member of the tenant’s household.

Right to Rent checks once they become 18

One important obligation arises once an occupier turns 18.

Under Right to Rent legislation, landlords must ensure that all adult occupiers have the legal right to reside in the United Kingdom.

This means that when a minor living in the property reaches the age of 18, the landlord should carry out a Right to Rent check at that time.

This requirement applies even if the individual is not named on the tenancy agreement.

Checking identification and recording the result protects the landlord from potential civil penalties.

PIMS tenancy agreement approach

The PIMS Assured Periodic Tenancy Agreement addresses this issue by requiring landlords to verify the identity of adult occupiers where appropriate.

Where a household member becomes an adult during the tenancy, landlords should ensure identification has been checked and documented.

This helps demonstrate that the landlord has complied with Right to Rent obligations.

Why this matters in disputes

Occupier status can become relevant if disputes arise later.

For example, during possession proceedings or enforcement action it may be necessary to identify all adults living at the property.

Keeping clear records of tenants, occupiers and identification checks helps avoid complications later.

It also demonstrates that the landlord has taken reasonable steps to remain compliant with housing and immigration legislation.

Practical steps landlords should take

• Record the names of all household members living at the property.
• Update records when minors become adults.
• Carry out Right to Rent checks once an occupier reaches 18.
• Keep copies of identification and compliance records.
• Ensure tenancy documentation clearly identifies the named tenants.