Lodgers: what are your rights and how do they differ from tenants?

A lodger lives in someone's home, they share the space with the owner or head tenant rather than having exclusive use of the whole property. The rights of a lodger are significantly more limited than those of a tenant. Here is what a lodger is, what rights they have, and what happens if things go wrong.

What is a lodger?

A lodger is someone who lives in another person's home and pays rent for a room. The key feature of a lodger arrangement is that the landlord (or head tenant) also lives in the property and the lodger shares some areas, such as the kitchen, bathroom, or living room, with the person they rent from.

A lodger has a licence to occupy rather than a tenancy. This is a significant legal distinction.

How is a lodger different from a tenant?

The main differences are:

Security of tenure: Tenants have significant statutory protection against eviction. Lodgers do not. A lodger can be asked to leave with reasonable notice (often just a few days or weeks, depending on the arrangement), and there is no requirement for the landlord to go to court before a lodger must leave.

Exclusive possession: A tenant has the right to exclude the landlord from the property (with appropriate notice for inspections). A lodger does not, they live in the home of the person they rent from and do not have exclusive possession of the whole property.

Legal protections: Many of the statutory protections that apply to tenants, including the detailed eviction requirements under the Housing Act 1988, do not apply to lodgers.

What rights does a lodger have?

Although lodgers have fewer rights than tenants, they are not without any protection:

Protection from harassment and unlawful eviction: A lodger still has the right not to be harassed, threatened, or forcibly removed. The landlord cannot change the locks without giving reasonable notice, for a lodger, this means acting within a reasonable timeframe after the arrangement has been ended by notice.

Right to reasonable notice: Even without a formal agreement, a lodger should be given reasonable notice before being asked to leave. What is "reasonable" depends on the circumstances, but typically at least as much notice as the rent payment period.

Contract rights: If there is a written lodger agreement, both sides are bound by its terms. The agreement should set out the notice period, the rent, and any house rules.

Protection from harassment: Section 1 of the Protection from Eviction Act 1977 protects lodgers from harassment and unlawful eviction just as it protects tenants. A landlord cannot use threats, violence, or deliberately cause discomfort to force a lodger to leave.

What if I have a dispute with my landlord as a lodger?

Because lodgers do not have the same legal protections as tenants, disputes can be harder to resolve. If you are asked to leave, you generally cannot prevent this as long as you have been given reasonable notice.

If you believe you have been asked to leave because you raised a complaint about the conditions of the room, this may still be relevant to a claim, even lodgers should not face retaliation for raising legitimate concerns.

Does the landlord have repair duties to lodgers?

Yes, to an extent. The landlord has a duty not to maintain the property in a way that creates hazards that could injure you. Under the Occupiers' Liability Act 1957, an occupier owes a common duty of care to visitors and others who use the property with permission, which includes lodgers.

However, the detailed repair obligations under the Landlord and Tenant Act 1985 (which require landlords to keep the structure, exterior, and heating in repair) apply to tenancies, not licences. So while a landlord cannot leave a lodger in dangerous conditions, the framework of rights is weaker than for a tenant.

What if I think I am actually a tenant, not a lodger?

Some people are told they are lodgers when legally they may have a tenancy. The legal distinction depends on whether you have exclusive possession of part of the property, not just on what the agreement calls the arrangement.

If you have exclusive use of your room (you can lock the door and the landlord cannot enter without your permission), you have a more tenancy-like arrangement than a classic lodger, even if the agreement says "lodger". If you are unsure about your legal status, seek housing advice.

When should I contact Support for Tenants?

Support for Tenants primarily helps private tenants (not lodgers) with housing disrepair claims. If you have a tenancy rather than a lodger arrangement, and there is disrepair in your home that your landlord has not fixed, call us.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Protection from Eviction Act 1977 (legislation.gov.uk)
• Occupiers' Liability Act 1957 (legislation.gov.uk)

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