Letting a room to a lodger — How it differs from a tenancy

Taking in a lodger is fundamentally different from granting a tenancy. In England, if you live in the same property as your lodger, the lodger is an “excluded occupier” with significantly fewer legal protections. This means a different process for ending the arrangement — but also fewer obligations on you as the landlord. Reviewed March 2026.

What the rule is

A lodger is a person who pays to live in a room in your home as a resident landlord, where you share some common facilities (kitchen, bathroom, or both). Because you share living accommodation, the lodger does not have exclusive possession of their room in the way a tenant does. This means they are an “excluded occupier” under the Protection from Eviction Act 1977.

Excluded occupiers are not protected by the Housing Act 1988 and do not have AST rights. They can be asked to leave with reasonable notice (usually matching the payment period — e.g. 4 weeks for a monthly payment arrangement) without a court order.

When it applies

The lodger arrangement applies when:

• The landlord lives in the same property as the lodger (resident landlord)
• The lodger shares facilities (kitchen, bathroom) with the landlord or other occupants
• The arrangement is genuinely a licence, not a tenancy (the lodger does not have exclusive possession of their room)

If the landlord does not live in the property, or the lodger has exclusive possession and pays rent, the arrangement is more likely a tenancy, not a lodger arrangement.

What landlords must do

• Live in the same property as the lodger for the arrangement to be a lodger agreement
• Carry out a Right to Rent check for every adult lodger before they move in
• Have a written lodger agreement (not legally required but strongly recommended)
• Give reasonable notice to end the arrangement — typically equal to the rental period (e.g. 1 month for monthly payments)
• If the lodger does not leave after reasonable notice has expired, seek legal advice before taking any further steps

What you do NOT need for a lodger

• An Assured Shorthold Tenancy
• Tenancy deposit protection (though you can still take a deposit; it doesn’t need to be in a scheme)
• A Section 8 or Section 21 notice to end the arrangement
• A court order to ask a lodger to leave (if they don’t go, you should still seek advice before changing locks)

What evidence to keep

• Written lodger agreement with start date, rent, and notice terms
• Right to Rent check records for the lodger
• Any correspondence about the arrangement
• Notice given to end the arrangement (in writing for clarity)

Common mistakes

• Not living in the property — if you move out, the arrangement changes; the lodger may acquire tenancy rights
• Giving a lodger exclusive possession of the whole property — this creates a tenancy, not a lodger arrangement
• Skipping Right to Rent checks — these apply regardless of whether the occupier is a tenant or lodger
• Not having a written agreement — a clear written agreement prevents disputes about terms and notice

FAQ

Does the Renters’ Rights Act apply to lodger arrangements? No — the Renters’ Rights Act applies to ASTs and periodic assured tenancies. Excluded occupier arrangements (lodgers with a resident landlord) are not affected by the Act.

Can a lodger get security of tenure? Generally no — as an excluded occupier, a lodger does not have the security of tenure that an AST tenant has. However, courts can look behind the label, so the actual arrangement matters more than what you call it.

Do I need to protect a lodger’s deposit? Tenancy deposit protection rules apply to ASTs, not lodger agreements. You can take a deposit from a lodger and do not need to use a government-approved scheme, but keep a written record of any deposit taken.

Can I have multiple lodgers? Yes, but if you have 3+ lodgers from 2+ households sharing facilities, the property may become an HMO, triggering additional obligations. Check the HMO definition.