Residential lettings occupancy policy

1    Introduction

1.1    The following summarises the Residential Lettings policy on applications for permission for another person/persons to share your property with you while you are a tenant. It also provides you with guidance on the considerations we will take into account when considering such a request. 

1.2    Permissions are considered on a case-by-case basis at the discretion of the Residential Lettings team, taking into account the factors below.

2    Current tenancy and number of occupants

2.1     When you initially applied for a tenancy of one of our properties you would have been asked for details of anyone who you wished to occupy the property with you, and of their relationship to you. We would have taken into account the matters set out in 5 below when deciding which property to offer you. Anyone who is permitted to live in the property with you will be listed in your tenancy agreement

3    Obligation to obtain consent

3.1    If after entering into the tenancy agreement you wish to share occupation of the property with an additional person or persons, you must write to us and request permission.
3.2    No additional person is permitted to occupy the property without our consent.
3.3    As your landlord we are subject to government and local legislation, and there are circumstances in which it may not be possible to consent to your request.

4    Legislation

4.1     As your landlord we must comply with government and local legislation, including but not limited to the following:

4.1.1    Planning restrictions. These can limit the number and type of occupants.
4.1.2    Houses in Multiple Occupation. This legislation requires that certain properties which are not occupied by a single family must have a licence from the local authority. These licences limit the number of occupants in that particular property. If there is no licence we cannot permit occupation which would mean that a house becomes a house in multiple occupation.
4.1.3    Occupancy levels and overcrowding. There are restrictions on the numbers of people allowed to occupy property. We have set out the occupancy levels which we would consider acceptable in the schedule to this policy by way of guidance. These levels are for guidance only and are also subject to Houses in Multiple Occupation legislation; and
4.1.4    Right to Rent requirements. These impose conditions on who we can let to, which depend on their immigration status. 

5    Guidance

5.1     We will take the following into account in assessing whether or not we can permit another person to occupy your property with you:

5.1.1    Our legislative obligations set out in 4 above;
5.1.2    The maximum occupancy levels set out in Schedule 1;
5.1.3    The nature of the property;
5.1.4    The additional person’s age and relationship to you;
5.1.5    Whether there would be increased noise or use which could affect other tenants or neighbours;
5.1.6    Any other relevant circumstances.

6    Change in personal circumstances – additional children

6.1    In the event that the number of children living with you increases you should notify us. We will consider whether we can offer you an alternative property if the occupancy level in your property exceeds the maximum level set out in Schedule 1.