Lease Addendum To Add Occupant Template for England and Wales

A Lease Addendum to Add an Occupant formally records a landlord's permission for an additional person to live at the property without becoming a full party to the tenancy agreement. It is needed when a tenant's circumstances change, for example a new partner moves in, and the tenancy agreement requires the landlord's written consent for additional occupants to reside at the property.

An occupant lives at the property with permission but is not a party to the tenancy agreement and has no direct contractual rights or obligations to the landlord. A tenant is a party to the tenancy and is jointly liable for rent, deposit, and compliance with lease terms. Occupants typically have no right to remain if the tenant vacates, whereas a named joint tenant has independent rights under the tenancy.

Yes. Under the Immigration Act 2014, landlords in England must verify that all adult occupiers aged 18 or over have the right to rent before they move in. Adding an occupant by addendum triggers this obligation. The landlord must check, copy, and retain the occupant's original identity documents and record the date the check was performed. Failure to comply can result in a civil penalty.

Yes. Where a property is shared by five or more people forming two or more households, it is likely to constitute a large HMO requiring a mandatory licence under the Housing Act 2004. Even smaller HMOs may require additional licensing in areas where the local authority has introduced selective or additional licensing. Landlords should check whether adding an occupant changes the property's HMO status before agreeing to the addendum.

No. Under the Tenant Fees Act 2019, charging a residential tenant for amending or varying a tenancy agreement is a prohibited payment. A fee for adding an occupant's name to the agreement, or for carrying out administrative steps related to the addendum, cannot be passed on to the tenant. The landlord may, however, charge separately for a fresh reference or credit check if the occupant is to become a tenant.

It should state the property address, the existing tenant's name, the new occupant's full name and date of birth, the date from which the additional occupation is permitted, any conditions imposed (such as a guest limit or restriction on further subletting), and the signatures of the landlord and tenant. It should also confirm that the occupant does not acquire tenancy rights under the addendum.

Generally no, provided the addendum is drafted clearly to show that permission is personal to the occupant and does not grant exclusive possession of any part of the property. However, if an occupant is paying rent directly to the landlord and has a degree of exclusive possession, a court may find that a tenancy has arisen regardless of the label used. The addendum should prevent either of these situations arising.

An occupant who is not a party to the tenancy has no independent right to remain in the property if the tenant vacates. The tenancy ends and the occupant's permission to occupy falls away with it. If the occupant wishes to remain, they would need to enter into a new tenancy agreement directly with the landlord, subject to affordability checks and the landlord's agreement.