Unauthorised occupation (council homes)

Unauthorised Occupation is the unlawful occupation of a property without the landlord’s permission. An unauthorised Occupier is therefore someone who occupies a property with no lawful right to do so.

The Lawful Occupier (e.g. the tenant) may give someone permission to occupy the property, for example a lodger, or subtenant who may occupy the property without the Landlord’s permission or even a family member who remains in the property after the tenant’s death with no succession rights.

An Unauthorised Occupier could also be someone who may take an unlawful assignment of a property (e.g. an illegal exchange between two parties, or a signing over of a tenancy from one person to another without fulfilling the requirements of a successful assignment).

Squatting is a further and particular type of Unauthorised Occupation. A Squatter is someone who occupies a property without first obtaining permission to do so from either the owner (e.g. the Landlord) or the lawful Occupier (e.g. the Tenant).