TA6 Section 9: Occupiers and Tenants
How to complete the TA6 occupiers section accurately, who counts as an occupier, why it matters for vacant possession, and how overriding interests can affect your sale.
What you need to know
Section 9 of the TA6 form asks sellers to list every person aged 18 or over who occupies the property. This includes family members, lodgers, and tenants. The section exists because occupiers can have overriding interests under the Land Registration Act 2002 that bind the buyer even though they do not appear on the title register. Getting this section wrong can delay your sale, expose you to misrepresentation claims, or leave your buyer facing an occupier who refuses to leave.
- You must list every person aged 18 or over living at the property, including adult children, partners, lodgers, and tenants.
- Occupiers may have overriding interests under the Land Registration Act 2002 that bind the buyer after completion.
- The buyer's solicitor will require all non-owning occupiers to sign a consent form confirming they will vacate.
- Tenants must be given proper notice under the Housing Act 1988 if you are selling with vacant possession.
- Failing to disclose an occupier can give rise to misrepresentation claims and could derail the sale.
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Check your sale readinessWhen you fill in the TA6 Property Information Form, Section 9 asks a deceptively simple question: who lives at the property? The answer matters far more than most sellers realise. Anyone occupying your home could have legal rights that survive the sale, and your buyer's solicitor needs to know about every single one of them.
This guide explains exactly who counts as an occupier, why the question is asked, what happens if you get it wrong, and how to handle common scenarios involving family members, lodgers, and tenants.
What Section 9 of the TA6 asks
Section 9 of the TA6 (4th edition, 2020) asks the seller to confirm:
- Whether anyone other than the seller occupies the property
- The full name of every occupier aged 18 or over
- Whether any occupier has a legal or beneficial interest in the property
- Whether the seller will deliver vacant possession on completion
The buyer's solicitor uses this information to identify anyone who might have rights over the property that could affect the buyer after completion. This is not a formality — it is one of the most legally significant parts of the entire form.
Who counts as an occupier?
An "occupier" for the purposes of the TA6 is anyone aged 18 or over who lives at the property as their home. This includes:
- Your spouse or civil partner — even if they are not named on the title deeds
- An unmarried partner — anyone living with you in a domestic relationship
- Adult children — sons and daughters aged 18 or over who still live at home
- Elderly relatives — parents or other family members you care for
- Lodgers — people paying you rent to live in a room in your home
- Tenants — anyone renting the property or part of it under a tenancy agreement
- Friends or other adults — anyone else using the property as their primary residence
Children under 18 do not need to be listed because they cannot hold a legal or equitable interest in the property under English law. However, every adult occupier must be disclosed, regardless of whether they are paying rent or contributing to household costs.
Why occupiers matter: overriding interests
The reason the buyer's solicitor cares about occupiers is the legal concept of overriding interests. Under Schedule 3, Paragraph 2 of the Land Registration Act 2002, a person in actual occupation of a property can have an interest that binds the buyer even though it does not appear on the title register at HM Land Registry.
An overriding interest typically arises when an occupier has a beneficial interest in the property — for example, because they contributed to the deposit, helped pay the mortgage, or funded improvements. In the landmark case of Williams & Glyn's Bank Ltd v Boland [1981], the House of Lords held that a wife who had contributed to the purchase price of the family home had an overriding interest that bound the bank even though her name was not on the title.
The practical consequence is this: if your buyer completes the purchase without knowing about an occupier with a beneficial interest, that person could refuse to leave and assert their right to remain. This is why the buyer's solicitor will require every non-owning occupier to sign a consent form (sometimes called an "occupier's consent" or "release of rights") confirming that they will vacate on or before completion and will not assert any interest against the buyer.
Vacant possession: what it means and why it matters
Unless the contract of sale states otherwise, the seller is required to give vacant possession on completion. This means the property must be:
- Empty of all occupiers
- Free of the occupiers' belongings
- Available for the buyer to move into immediately without interference
Under the Standard Conditions of Sale (6th edition), which are incorporated into most residential sale contracts, the seller warrants that vacant possession will be given on completion. If the seller fails to deliver vacant possession — for example, because a tenant or family member refuses to leave — the buyer can:
- Refuse to complete the purchase
- Claim damages for breach of contract
- Rescind the contract and recover their deposit plus costs
This is why Section 9 of the TA6 is so important. The buyer's solicitor needs to know about every occupier well in advance of completion so that the necessary consent forms can be obtained and, if applicable, tenancy notices can be served.
Common scenarios and how to handle them
Adult children living at home
This is one of the most common occupier scenarios. If your son or daughter is 18 or over and still lives at home, they must be listed on the TA6. In most cases, adult children who have not contributed financially to the property will not have a beneficial interest, but the buyer's solicitor will still require them to sign a consent form confirming they will vacate.
If an adult child has contributed financially — for example, by helping with mortgage payments or paying for a significant renovation — they may have acquired a beneficial interest through a constructive trust. In this case, your solicitor will need to address this before exchange of contracts.
Tenants under an assured shorthold tenancy
If you are a landlord selling a tenanted property and want to deliver vacant possession, you will need to end the tenancy before completion. For an assured shorthold tenancy (AST) in England, the most common route is to serve a Section 21 notice under the Housing Act 1988, which gives the tenant at least two months' notice. You must comply with all prerequisites, including:
- Protecting the tenant's deposit in a government-approved scheme
- Providing the tenant with the prescribed information
- Providing a current gas safety certificate
- Providing a current EPC
- Providing the "How to Rent" guide
If the tenant does not leave after the notice period expires, you will need to apply for a court possession order, which can add several months to the process. Alternatively, you can sell with the tenant in situ, but this typically limits your buyer pool to investors and may reduce the sale price.
Sitting tenants with greater security
If your property has a sitting tenant — someone with an assured tenancy (not shorthold) or a regulated tenancy under the Rent Act 1977 — the position is significantly more complex. These tenants have much greater security of tenure and cannot be removed simply by serving a Section 21 notice. You will almost certainly need to sell with the tenant in place, which substantially reduces the market value.
Lodgers
A lodger is someone who rents a room in your home while you continue to live there and share facilities such as a kitchen or bathroom. Unlike tenants, lodgers are licensees, not tenants. They do not have the protections of the Housing Act 1988 and can be asked to leave with reasonable notice.
Despite their more limited legal rights, lodgers must still be listed on the TA6 as occupiers. The buyer's solicitor will want confirmation that the lodger will vacate before completion.
A partner or spouse not on the title
If your partner or spouse lives at the property but is not named on the title deeds, they are the classic overriding interest risk. Under Section 30 of the Family Law Act 1996, a spouse or civil partner has "home rights" (the right to occupy the matrimonial home) regardless of whether they are on the title. These rights can be protected by registering a notice on the title register.
Even without registration, a spouse or partner who has contributed financially may have a beneficial interest. The buyer's solicitor will require them to sign a consent form releasing any rights and confirming they will vacate on completion.
What the buyer's solicitor will do with this information
Once the buyer's solicitor receives your completed TA6, they will review Section 9 and take the following steps:
- Identify all non-owning occupiers — Anyone listed who is not on the title deeds.
- Assess overriding interest risk — Whether any occupier might have a beneficial interest.
- Request consent forms — Every non-owning occupier over 18 will typically be asked to sign a form confirming they will vacate and will not claim any interest.
- Check the buyer's mortgage lender requirements — Most mortgage lenders require confirmation that all occupiers will vacate. The Council of Mortgage Lenders (now UK Finance) Handbook sets out specific requirements for lenders.
- Confirm vacant possession arrangements — If there are tenants, the solicitor will want evidence that the tenancy has been or will be properly ended before completion.
Mistakes to avoid
The most common errors sellers make in Section 9 include:
- Forgetting to list adult children — Many sellers overlook grown-up children who still live at home, particularly university students who return during holidays.
- Not disclosing lodgers — Some sellers assume lodgers do not count because they are "just renting a room." They must be disclosed.
- Leaving the section blank — If you are the sole occupier, you should say so explicitly rather than leaving the section empty. A blank answer prompts additional enquiries.
- Not addressing tenancy arrangements early enough — If you need to end a tenancy before selling, the notice period alone can be two months or more, plus court proceedings if the tenant does not vacate.
- Assuming a non-contributing partner has no rights — Even a partner who has not directly paid the mortgage may have acquired rights through contributions to household expenses or improvements.
Practical steps to ensure vacant possession
If you want to sell with vacant possession (which is the default expectation), take these steps well before listing:
- Make a list of every adult living at the property — Include everyone, no matter how temporary their stay seems.
- Discuss the sale with all occupiers early — Ensure they understand they will need to vacate and, where applicable, sign consent forms.
- Serve any necessary tenancy notices promptly — If you have tenants, start the notice process as early as possible to avoid delays.
- Speak to your solicitor about any financial contributions — If an occupier has contributed to the mortgage or property costs, your solicitor needs to know so they can advise on how to deal with any potential beneficial interest.
- Gather identification for all occupiers — The buyer's solicitor may need to verify the identity of anyone signing a consent form.
Selling without vacant possession
In some circumstances, you may choose to sell the property with occupiers remaining — typically when selling a buy-to-let property with tenants in situ. If this is the case, you should:
- Make it clear on the TA6 that vacant possession will not be given on completion
- Provide copies of all tenancy agreements to the buyer's solicitor
- Confirm the current rent, deposit arrangements, and any outstanding maintenance issues
The buyer will purchase the property subject to the existing tenancy, and the tenancy agreement will transfer to the new owner. This is a perfectly legitimate way to sell, but it affects both the price and the pool of potential buyers. For more detail, see our guide to selling a tenanted property.
Sources
- Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
- Land Registration Act 2002, Schedule 3, Paragraph 2 — legislation.gov.uk
- Williams & Glyn's Bank Ltd v Boland [1981] AC 487 — House of Lords
- Housing Act 1988, Section 21 — legislation.gov.uk
- Family Law Act 1996, Section 30 — legislation.gov.uk
- Rent Act 1977 — legislation.gov.uk
- Standard Conditions of Sale, 6th edition — Law Society
- UK Finance Mortgage Lenders' Handbook — ukfinance.org.uk
- Gov.uk — Section 21 and Section 8 notices guidance
- Gov.uk — Tenancy deposit protection guidance
Related guides
Frequently asked questions
Who counts as an occupier on the TA6 form?
An occupier is anyone aged 18 or over who lives at the property, regardless of whether they are named on the title deeds. This includes your spouse or partner, adult children living at home, elderly relatives, lodgers, tenants under an assured shorthold tenancy or other tenancy agreement, and anyone else who uses the property as their home. You must list every person who falls into this category when completing Section 9 of the TA6.
Do I need to include children on the TA6 occupiers section?
You only need to include occupiers aged 18 or over. Children under 18 do not need to be listed because they cannot hold a legal or equitable interest in the property and therefore cannot have an overriding interest. However, if an adult child who is 18 or over lives at the property, they must be included.
What is an overriding interest and why does it matter?
An overriding interest is a right that binds a buyer even though it does not appear on the Land Registry title 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 if they have a beneficial interest in the property, such as having contributed to the purchase price. This means a buyer could be bound by that person's rights unless they are disclosed and dealt with before completion.
What happens if I do not disclose an occupier on the TA6?
Failing to disclose an occupier can have serious consequences. If the buyer discovers after completion that someone with an overriding interest was living at the property and was not disclosed, they may have a claim against you for misrepresentation. In extreme cases, the undisclosed occupier could assert a right to remain in the property. The buyer's solicitor and mortgage lender rely on accurate occupier information to protect their client, so non-disclosure can also delay or derail the transaction.
Will my tenants need to sign anything before completion?
If you are selling with vacant possession, any tenants will need to vacate before completion. Their tenancy must be properly ended in accordance with the relevant legislation, such as giving the correct notice under the Housing Act 1988. If the tenancy is an assured shorthold tenancy, you will typically need to serve a Section 21 notice with at least two months' notice. Tenants do not normally sign the sale contract itself, but the buyer's solicitor may require written confirmation that the tenancy has been or will be ended before completion.
Do lodgers have the same rights as tenants?
No. A lodger who shares living accommodation with you, such as a kitchen or bathroom, is a licensee rather than a tenant. Lodgers have significantly fewer legal protections than tenants. They do not have security of tenure under the Housing Act 1988 and can be asked to leave with reasonable notice, which is typically the notice period stated in your agreement or, if there is no agreement, a reasonable period. However, a lodger still counts as an occupier and must be disclosed on the TA6.
Can I sell my property if a tenant refuses to leave?
If a tenant refuses to leave voluntarily, you will need to follow the correct legal process to end the tenancy. For assured shorthold tenancies, this typically means serving a valid Section 21 notice and, if the tenant still does not vacate, applying to the county court for a possession order. This process can take several months. Alternatively, you can sell the property with the tenant in situ, but this usually limits your buyer pool to investors and may reduce the price. Your solicitor can advise on the best approach.
What does vacant possession mean?
Vacant possession means that the property is empty of all occupiers and their belongings on completion day, and the buyer can move in immediately without interference from any third party. The standard conditions of sale require the seller to deliver vacant possession on completion unless the contract states otherwise. If any occupier remains in the property after completion, the buyer could refuse to complete or claim damages for breach of contract.
Does a family member who has contributed to the mortgage need to be disclosed?
Yes. If a family member living at the property has contributed to the mortgage payments or the purchase price, they may have acquired a beneficial interest in the property through a resulting or constructive trust. This gives them a potential overriding interest under Schedule 3, Paragraph 2 of the Land Registration Act 2002. They must be disclosed on the TA6, and the buyer's solicitor will require them to sign a consent form confirming they will vacate and will not assert any rights against the buyer.
What if an occupier has already moved out before completion?
If someone who was previously living at the property has moved out before you complete the TA6, you do not need to list them as a current occupier. However, you should disclose the situation accurately. If the person had a potential interest in the property, your solicitor may still recommend obtaining a signed waiver or confirmation that they are not claiming any interest. The buyer's solicitor will want to be satisfied that no former occupier has an unresolved claim.
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