Unauthorised occupants are generally people ‘left behind’ following the departure of a contract holder and can be the result of unauthorised assignment/ exchange, people remaining in occupation following the departure of a contract holder and people who have no right to succeed following the death of a contract holder.
Following the notification or discovery of a potential unauthorised occupant, an Unauthorised Occupation Investigation form should be completed e.g:-
- Someone who has lied or given false information about their circumstances about their circumstances in order to get a occupation contract.
- A person who has not been granted permission for a mutual exchange but has still exchanged homes and moved in to a Bron Afon property.
- A family member or a friend of the contract holder who remains in the property after the contract holder has left and who is not eligible to be granted the occupation contract through assignment. If this occurs, the name contract holder should be issued with a RHW23, Part D (Contract holders failure to give possession after the notice has ended) and possession proceedings should be followed.
- A person who has sublet the whole of a property from a contract holder.
- A family member or friend of a deceased contract holder who has been living with the deceased contract holder but is not eligible to succeed to the occupation contract.
- Someone who has had the keys passed on by the contract holder in return for cash or a favour.
What happens if the occupier is a spouse?
If the unauthorised occupier is a spouse of the contract holder who has left and not a joint contract holder, they will have the right to stay in the property under s30 of the family law act 1996, so long as the occupation contract continues, and they stay married.
What happens if the occupier is a cohabitant?
If the unauthorised occupier is a cohabitant but not a joint contract holder they can apply to the court for an ‘Occupancy Order’ under S36 of the family law act. If granted, the occupancy order will be temporary for a period of six months however they can apply with the court to have this renewed. Whilst the occupancy order is in place, the occupant will be treated as a husband, wife or civil partner
What if the occupier does not meet the above criteria and has permission from the contract holder to remain?
Where a contract holder has granted permission for occupants to stay in their home, when they have no intention to return themselves, a Notice to Quit should be served giving them 4 weeks to vacate. If the named contract holder has completed a withdrawal notice to end their contract, but not provided vacant possession, then an RHW23, Part D should be issued. If they are still the contract holder, but using the property as their only principal home, then abandonment process should be followed. If the occupants remain after the 4-week period, a Warrant for Possession should be applied for with the courts.