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

A lodger lives in someone else's home. They share the space with the owner or head tenant, rather than having the whole property to themselves. A lodger's rights are much more limited than a tenant's. Here is what a lodger is, what rights they have, and what happens if things go wrong.

What is a lodger?

A lodger lives in another person's home and pays rent for a room. The key feature: the landlord (or head tenant) also lives in the property, and the lodger shares some areas with them, such as the kitchen, bathroom, or living room.

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 strong 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. The landlord does not have to go to court first.

Exclusive possession: A tenant can keep the landlord out of the property, subject to proper notice for inspections. A lodger cannot. They live in the home of the person they rent from.

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 forced out. The landlord cannot simply change the locks. They must first end the arrangement with reasonable notice, and then act within a reasonable time.

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 must not keep the property in a state that creates hazards which could injure you. Under the Occupiers' Liability Act 1957, an occupier owes a duty of care to everyone who uses the property with permission. That includes lodgers.

But the detailed repair duties under the Landlord and Tenant Act 1985, which make landlords keep the structure, outside, and heating in repair, apply to tenancies, not licences. A landlord cannot leave a lodger in dangerous conditions. Even so, the framework of rights is weaker than a tenant's.

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. What matters is whether you have exclusive possession of part of the property, not what the agreement calls the arrangement.

Can you lock your door, and is the landlord unable to enter without your permission? Then your arrangement looks more like a tenancy than a classic lodger set-up, whatever the agreement says. If you are unsure about your legal status, get 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)

Related articles

• Assured shorthold tenancy, what it is and what it means for your rights