Quick answer
A lodger agreement is used when someone rents a room in a home where the landlord also lives and shares facilities such as the kitchen or bathroom. Lodgers are usually excluded occupiers, not assured tenants, so the Renters' Rights Act tenancy changes do not apply in the same way. You only need to give 'reasonable notice' and do not need a court order to end the arrangement. If you do not live in the property, you need an assured periodic tenancy agreement instead.
- Lodger: lives in the landlord's home and shares facilities with the landlord or family.
- Usually an excluded occupier with 'reasonable notice' and no court order needed.
- You still need to check right to rent for lodgers in England.
- The Rent a Room Scheme lets you earn up to £7,500 a year tax-free.
Lodger or tenant: how to tell
| Question | Likely lodger | Likely tenant |
|---|---|---|
| Does the landlord live there as their main home? | Yes | No |
| Shares kitchen, bathroom or living room with landlord or family? | Yes | No, or only with other tenants |
| Agreement type | Lodger agreement or licence | Assured periodic tenancy agreement |
| Ending it | Reasonable notice, no court order | Section 8 ground, notice and court order |
| Renters' Rights Act tenancy changes | Do not apply in the same way | Apply |
If you live in a separate self-contained part of the building, such as a flat in a converted house, the occupier may have a different status again. If you are unsure, use Shelter's tenancy checker or get advice.
What a lodger agreement should include
- Names of the householder and the lodger.
- The address and which room is let, plus which shared areas the lodger can use.
- The rent, what it includes (bills, meals, cleaning, internet) and the payment day.
- Any deposit and how it will be returned.
- House rules: guests, smoking, quiet hours, pets, keys.
- Notice each side must give to end the arrangement.
- How the room will be left at the end, and who is responsible for damage.
Deposits taken from lodgers do not have to be protected in a tenancy deposit scheme, but recording the amount and the conditions for return in writing avoids disputes.
Notice and ending a lodger arrangement
A lodger who is an excluded occupier only needs 'reasonable notice'. That is often the same as the rent period, for example a week for weekly rent or a month for monthly rent, but the agreement can set a specific period.
Once the notice has ended, you can change the locks, even if the lodger's belongings are still inside, but you must not use or threaten violence. You do not need a court order. If the lodger does not leave, get advice before acting.
This is different from tenants. Tenants need a section 8 notice and a court order. Getting the status wrong can make an eviction unlawful.
Checks and safety for householders
- Right to rent: you must check a lodger can legally rent in England before the arrangement starts.
- Gas safety: if you provide gas appliances in the lodger's room or shared areas, annual gas safety checks are required.
- Keep the home safe and in good repair, and fit smoke alarms.
- Check your mortgage, lease and home insurance allow lodgers.
Tax: the Rent a Room Scheme
Under the Rent a Room Scheme you can earn up to £7,500 a year tax-free from letting furnished accommodation in your own home. The threshold is halved to £3,750 if you share the income with someone else. If you earn more, you complete a tax return and can choose whether to opt into the scheme.
Example: lodger or tenant?
| Situation | Likely status | Document |
|---|---|---|
| You own a flat, live there, and rent the spare room to someone who shares your kitchen | Lodger (excluded occupier) | Lodger agreement |
| You own a house, do not live there, and rent it to a couple | Joint tenants | Joint tenancy agreement |
| You do not live there and rent rooms to 4 individuals on separate agreements | Individual assured tenants, likely an HMO | Individual tenancy agreements |
| Your adult relative lives with you and pays towards bills | Usually an informal family arrangement | Get advice if unsure |
Practical tips for a good lodger arrangement
- Meet in person and take references before agreeing anything.
- Carry out a right to rent check before the start date.
- Put everything in writing, including house rules and what the rent covers.
- Agree an inventory of the room and any furniture, with dated photos.
- Agree how and when you will enter the lodger's room, for example for cleaning.
- Keep a simple record of rent paid. Our rent records guide has a template.
- Review the arrangement after a month or two and talk openly about anything that is not working.
Rent a Room: what counts as income
Income under the Rent a Room Scheme includes rent and payments for services such as meals, cleaning or laundry. The scheme is only for furnished accommodation in your only or main home. It cannot be used for homes converted into separate flats. If you share the income with a partner or co-owner, each person's threshold is £3,750.
Common questions
Does the Renters' Rights Act apply to lodgers?
Government guidance says different rules apply if you are a lodger. Lodgers sharing the landlord's home are usually excluded occupiers rather than assured tenants.
Can I use a tenancy agreement for a lodger?
It is not the right document. A tenancy agreement can confuse the lodger's status. Use a lodger agreement that reflects the shared living arrangement.
How much notice do I give a lodger?
Reasonable notice, often the length of the rent period, unless your agreement sets a different period.
Does Tenancy Agreements make lodger agreements?
Not currently. Our builder creates assured periodic tenancy agreements for whole properties or rooms where the landlord does not live in the home.
Do I need to protect a lodger's deposit?
No, tenancy deposit protection rules do not apply to lodgers, but write down the amount and the conditions for return.
Can a lodger become a tenant?
If you move out and the occupier stays, or the arrangement changes so you no longer share the home, their status may change to an assured tenant. Get advice before changing arrangements.
Official sources
We check these pages against official GOV.UK guidance. This page is general information for England, not legal advice for your situation.
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