TA6 Occupiers Section: Who Counts as an Occupier
How to complete the TA6 occupiers section correctly, including adult children, lodgers, tenants, and partners \u2014 and what happens if you get it wrong.
What you need to know
Section 11 of the TA6 Property Information Form requires sellers to declare every person aged 18 or over living at the property. This includes adult children, lodgers, tenants, and partners not on the title deeds. Getting this section wrong can create overriding interests that delay or derail your sale.
- You must list every occupier aged 18 or over in Section 11 of the TA6, including adult children, lodgers, tenants, and partners not on the title deeds.
- Undisclosed occupiers can claim overriding interests under the Land Registration Act 2002, potentially giving them a legal right to remain after the sale.
- Each non-owner occupier will usually need to sign an occupier’s consent form confirming they will vacate by completion.
- Tenants with an assured shorthold tenancy have legal rights to remain, which the buyer inherits on purchase.
- Getting the occupiers section right from the start avoids delays, additional enquiries, and potential misrepresentation claims.
Pine handles the legal prep so you don't have to.
Check your sale readinessSection 11 of the TA6 Property Information Form looks deceptively simple. It asks who lives at your property. But this short section carries significant legal weight, and getting it wrong is one of the more common TA6 mistakes sellers make.
The reason occupiers matter so much comes down to a legal concept called overriding interests. Under the Land Registration Act 2002, anyone in actual occupation of a property may have rights that survive a sale \u2014 even if those rights are not recorded on the Land Register. The buyer's solicitor needs to know about every occupier so they can take steps to protect their client.
This guide explains exactly who counts as an occupier, how to complete the section properly, and what can go wrong if you leave someone out.
What Section 11 of the TA6 asks
The TA6 occupiers section asks two key questions. First, it asks whether anyone other than the seller currently lives at or occupies the property. Second, if the answer is yes, it asks you to provide the full name and age of each occupier (where they are aged 18 or over) and their relationship to you.
The wording is deliberately broad. It does not say "anyone on the title deeds" or "anyone paying rent." It says anyone who occupies the property. This catches a far wider range of people than many sellers realise.
Who counts as an occupier?
The following people must all be declared in the TA6 occupiers section:
Spouse or civil partner
If your spouse or civil partner lives at the property but is not on the title deeds, they must be listed. This is particularly important because spouses and civil partners have home rights under the Family Law Act 1996, which give them a right to occupy the matrimonial home regardless of who legally owns it. These home rights can be registered as a notice on the Land Register, and the buyer's solicitor will check for this.
Even if home rights have not been formally registered, a spouse in actual occupation may still have an overriding interest. The buyer needs to know so their solicitor can arrange for the spouse to sign a release confirming they will vacate.
Unmarried partner
An unmarried partner living at the property must also be declared. While unmarried partners do not have automatic home rights under the Family Law Act, they may still have an overriding interest if they have a beneficial interest in the property \u2014 for example, if they contributed to the purchase price, mortgage payments, or significant renovations. The leading case on this is Williams & Glyn's Bank v Boland [1981], in which the House of Lords held that a spouse with a beneficial interest who was in actual occupation had an overriding interest that bound the bank.
Adult children
Any child aged 18 or over living at the property must be listed. This is increasingly common as housing costs mean more adult children remain at home. In most cases an adult child will not have a beneficial interest in the property, but the buyer's solicitor will still want them to sign an occupier's consent form to confirm they have no interest and will leave by completion.
There is an exception to be aware of: if an adult child has made significant financial contributions to the property \u2014 such as helping with the deposit, paying part of the mortgage, or funding a major renovation \u2014 they could argue they have a beneficial interest. This is unusual, but if it applies, your solicitor needs to know.
Lodgers
A lodger who lives in your property must be declared. A lodger typically has a licence to occupy rather than a tenancy, which gives them fewer legal rights than a tenant. However, they are still an occupier for the purposes of the TA6 and the buyer's solicitor will want confirmation that the lodger will leave by completion.
If you have a written licence agreement with your lodger, provide a copy to your solicitor. If the arrangement is informal, explain the terms \u2014 how much they pay, when they moved in, and whether any notice period has been agreed.
Tenants
Tenants living in the property under an assured shorthold tenancy (AST) or any other tenancy must be disclosed. This is fundamentally different from declaring a lodger because a tenant has security of tenure under the Housing Act 1988. The buyer will purchase the property subject to the tenancy, which means the tenant has a legal right to stay.
You must provide a copy of the tenancy agreement and details of the current rent, deposit scheme, and any outstanding issues. If you are selling a property with sitting tenants, this will significantly affect how the sale is marketed and priced. For more detail, see our guide on selling a house with a lodger or tenant.
Other relatives and household members
Elderly parents, siblings, friends, or anyone else aged 18 or over who lives at the property must be declared. The test is whether they are in actual occupation \u2014 meaning they treat the property as their home. If they sleep there regularly, keep their belongings there, and receive post at the address, they are likely an occupier.
Who does not count as an occupier?
Not everyone connected to the property needs to be listed. You do not need to declare:
- Children under 18 \u2014 Minors cannot hold a legal estate in land and are not considered occupiers for the purpose of overriding interests under the Land Registration Act 2002.
- Short-term guests \u2014 Someone staying for a few days or weeks while visiting does not count as an occupier. The key distinction is whether they treat the property as their home.
- Former occupiers who have moved out \u2014 If someone previously lived at the property but no longer does, they do not need to be listed. However, if a spouse or civil partner has moved out but has registered home rights, this should still be disclosed.
- Cleaners, carers, and tradespeople \u2014 People who attend the property regularly but do not live there are not occupiers.
Why the occupiers section matters: overriding interests
The legal significance of the occupiers section comes from Schedule 3, Paragraph 2 of the Land Registration Act 2002. This provides that a person in actual occupation of registered land may have an overriding interest that binds a buyer, even though it is not recorded on the Land Register.
In practical terms, this means an undisclosed occupier with a beneficial interest could potentially refuse to leave the property after the sale. The buyer would then face a costly legal battle to resolve the situation. Understandably, buyers' solicitors take this risk seriously.
The buyer's solicitor will typically require every non-owner occupier to sign an occupier's consent form (also called a deed of release, waiver, or disclaimer). This document confirms three things:
- The occupier has no beneficial interest in the property.
- The occupier agrees to vacate the property by the completion date.
- The occupier will not assert any overriding interest against the buyer.
Without these forms signed and returned, most buyers' solicitors will refuse to let the transaction proceed to exchange. This is one of the reasons that being upfront about occupiers from the start \u2014 rather than waiting for the buyer's solicitor to discover them through enquiries \u2014 is so important.
How to complete the TA6 occupiers section: step by step
Completing Section 11 properly is straightforward once you understand what is required. Follow these steps:
- List every person aged 18 or over living at the property. Include their full name, date of birth (if known), and their relationship to you (spouse, partner, adult child, lodger, tenant, parent, sibling, etc.).
- State whether each person has any financial interest in the property. If they contributed to the purchase price, pay part of the mortgage, or funded significant improvements, note this. If they have no interest, say so clearly.
- Provide copies of any relevant agreements. If you have a tenancy agreement, licence agreement, or any formal arrangement with an occupier, attach a copy for your solicitor.
- Confirm that all occupiers will vacate by completion. If any occupier cannot or will not leave (for example, a tenant with an ongoing AST), state this clearly so it can be addressed in the sale negotiations.
- Notify your solicitor of any changes. If someone moves in or out between completing the TA6 and exchange of contracts, update your solicitor immediately. Your duty of disclosure continues right up to exchange.
Common mistakes when completing the occupiers section
Based on issues that commonly arise in conveyancing transactions, these are the most frequent errors sellers make with Section 11:
| Mistake | Why it causes problems | How to avoid it |
|---|---|---|
| Not listing adult children | Adult children are occupiers and could theoretically claim an overriding interest | List every household member aged 18 or over, regardless of whether they pay rent |
| Forgetting to mention a lodger | The buyer's solicitor needs to confirm the lodger will vacate; a last-minute discovery causes delays | Declare all lodgers and provide any licence agreement |
| Failing to disclose a non-owner spouse | Spouses have home rights under the Family Law Act 1996 that must be released before the sale | Always list your spouse even if they are not on the deeds |
| Assuming tenants are obvious and do not need declaring | The tenancy must be formally disclosed with full documentation; the buyer purchases subject to it | Provide the tenancy agreement, rent details, and deposit scheme information |
| Not updating the form when circumstances change | If a new occupier moves in after you complete the TA6 but before exchange, this must be disclosed | Keep your solicitor informed of any household changes |
For a broader overview of TA6 errors to watch out for, see our guide on common TA6 mistakes sellers make.
Special situations
Selling a property you do not live in
If you are selling a buy-to-let property or a property you have inherited, you may not know exactly who is living there. You still have a duty of disclosure. Make reasonable enquiries to establish who is in occupation. If the property is tenanted, provide the tenancy agreement. If you genuinely cannot determine who lives there, state this honestly on the form and explain the steps you have taken to find out.
Occupier who refuses to sign the consent form
In rare cases, an occupier may refuse to sign the consent form. This is a serious problem because the buyer's solicitor is unlikely to proceed without it. If the occupier is a family member, a conversation about the implications may resolve the issue. If the occupier is a lodger, you may need to give them notice under the terms of their licence. If the occupier claims a beneficial interest in the property, you will need legal advice \u2014 this could require a court application to resolve.
Properties with sitting tenants
Selling a property with sitting tenants is an established practice, but it requires full disclosure. You must provide the buyer with:
- A copy of the tenancy agreement (and any renewals or variations)
- Current rent amount and payment schedule
- Details of the tenancy deposit and which scheme protects it
- A record of any rent arrears or disputes
- Compliance documents such as the Gas Safety Certificate, Electrical Installation Condition Report (EICR), and Energy Performance Certificate (EPC)
The buyer will take over as landlord on completion and will be bound by the existing tenancy terms. This needs to be clearly communicated in the TA6 and reflected in the contract for sale.
What the buyer's solicitor will do with this information
Once the buyer's solicitor receives the TA6 and sees that there are occupiers at the property, they will typically:
- Raise additional enquiries \u2014 asking for more detail about each occupier, their relationship to the seller, and whether they have any financial interest in the property.
- Request occupier consent forms \u2014 preparing forms for each non-owner occupier to sign, confirming they will vacate and have no overriding interest.
- Check for registered home rights \u2014 searching the Land Register for any notice of home rights registered by a spouse or civil partner.
- Review tenancy documentation \u2014 if the property is tenanted, examining the tenancy agreement and confirming compliance with landlord obligations.
- Advise the buyer on risk \u2014 explaining any potential issues and recommending whether special conditions should be included in the contract.
The more thoroughly you complete the occupiers section, the fewer follow-up enquiries the buyer's solicitor will need to raise. This keeps the transaction moving and reduces the risk of your sale running into problems caused by incomplete disclosure.
Completing the TA6 early with Pine
Most sellers do not look at the TA6 until their solicitor sends it over after an offer has been accepted. By that point, every day spent sorting out occupier consent forms is a day your buyer is waiting.
Pine helps you complete your property information forms before you list, so the occupier details and consent requirements are identified and addressed upfront. Combined with other sale preparation steps, this can cut weeks off the conveyancing timeline and give both you and your buyer confidence that the sale will complete smoothly.
Sources
- Law Society of England and Wales \u2014 Property Information Form (TA6), 4th edition, 2020
- Land Registration Act 2002, Schedule 3, Paragraph 2 \u2014 legislation.gov.uk
- Family Law Act 1996, Part IV (Home Rights) \u2014 legislation.gov.uk
- Housing Act 1988 (Assured Shorthold Tenancies) \u2014 legislation.gov.uk
- Misrepresentation Act 1967 \u2014 legislation.gov.uk
- Williams & Glyn's Bank Ltd v Boland [1981] AC 487 \u2014 House of Lords
- Law Society Conveyancing Protocol, 5th edition \u2014 lawsociety.org.uk
- Gov.uk \u2014 Renting out a room in your home: gov.uk/rent-room-in-your-home
- HM Land Registry Practice Guide 15: Overriding Interests \u2014 gov.uk/government/publications/overriding-interests
Related guides
Frequently asked questions
What is Section 11 of the TA6 form?
Section 11 of the TA6 Property Information Form asks about the occupiers of the property you are selling. You must list everyone aged 18 or over who lives at the property, regardless of whether they are on the title deeds. This includes family members, lodgers, tenants, and anyone else who resides there.
Do I need to list children under 18 on the TA6 occupiers section?
No. The TA6 occupiers section only requires you to list people aged 18 or over. Children under 18 do not have overriding interests under the Land Registration Act 2002 and cannot acquire beneficial interests in the same way as adults, so they do not need to be disclosed.
Does an adult child living at home count as an occupier?
Yes. Any adult child (aged 18 or over) who lives at the property must be listed in Section 11 of the TA6. Even if they do not pay rent or contribute to bills, they are an occupier and could potentially claim an overriding interest if they have contributed financially to the property.
Do I need to declare a lodger on the TA6 form?
Yes. A lodger who lives at your property must be declared in the TA6 occupiers section. The buyer’s solicitor will need to ensure the lodger agrees to vacate by completion. If the lodger has a formal licence agreement, you should provide a copy as well.
What happens if I fail to disclose an occupier on the TA6?
Failing to disclose an occupier can cause serious problems. If an undisclosed occupier claims an overriding interest after completion, the buyer could face legal difficulties removing them. The buyer may also have a misrepresentation claim against you under the Misrepresentation Act 1967 for providing inaccurate information on the TA6.
What is an overriding interest and why does it matter?
An overriding interest is a right that binds a buyer even though it is not recorded on the Land Register. Under Schedule 3, Paragraph 2 of the Land Registration Act 2002, a person in actual occupation of a property may have an overriding interest. This means they could have a legal right to remain in the property after the sale, which is why the buyer’s solicitor needs to know about every occupier.
Will occupiers need to sign anything before the sale completes?
Yes. The buyer’s solicitor will typically require every adult occupier who is not a party to the sale contract to sign an occupier’s consent form (sometimes called a deed of release or waiver). This confirms that they will vacate the property by the completion date and that they have no interest in the property that would override the buyer’s purchase.
Can I sell my house if it has tenants living in it?
Yes, but selling with tenants is more complex. You must disclose the tenancy in the TA6 occupiers section and provide a copy of the tenancy agreement. The buyer will purchase the property subject to the existing tenancy, which means the tenants have a legal right to remain. This can affect the sale price and limit the pool of interested buyers, particularly if the buyer intends to live in the property themselves.
What if someone is staying temporarily — do they count as an occupier?
It depends on the nature of their stay. A short-term guest staying for a few days or weeks is not generally considered an occupier. However, if someone has been staying for an extended period and treats the property as their home — receiving post there, keeping belongings there, and having no other residence — they could be classed as an occupier and should be disclosed.
Does a partner or spouse who is not on the title deeds count as an occupier?
Yes. A partner or spouse living at the property must be declared even if they are not named on the title deeds. Spouses and civil partners may also have home rights under the Family Law Act 1996, which gives them a right to occupy the matrimonial home regardless of who owns it. These rights must be addressed before the sale can proceed.
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