Taking in a lodger, the rules and what to think about first

Direct answer

A lodger is someone who lives in your home and shares common space with you. They have fewer rights than a tenant: they are an excluded occupier and you can usually ask them to leave with reasonable notice without a court order. Whether you can take one in depends on your own tenancy or mortgage. The first £7,500 a year of lodging income is tax-free under the Rent a Room Scheme.

What a lodger is, in law

A lodger:

• Lives in part of your home and shares space with you (kitchen, bathroom, hallway).
• Does not have exclusive use of any locked space inside your home (or only of their bedroom).
• Lives with you (the owner or tenant) at the same time.
• Pays you regular money for it.

In legal terms, they are usually an "excluded occupier" under the Protection from Eviction Act 1977. That means:

• They are not a tenant.
• You can ask them to leave with reasonable notice (typically the period between rent payments, often weekly or monthly).
• You do not need a court order to remove them once that notice expires, in most cases.
• The full notice and procedure rules apply if any tenancy elements have crept in (locked rooms, no shared space).

Can you take in a lodger

Check first:

If you are a tenant

• Council secure tenant. Usually allowed, sometimes with permission. Check your tenancy agreement.
• Council flexible tenant. Sometimes allowed.
• Housing-association assured tenant. Often allowed; check your agreement.
• Private tenant (AST). Almost always need the landlord's written permission. The agreement usually prohibits subletting and lodging without consent.
• All tenants on housing benefit / Universal Credit. Lodger income may affect your benefits. Get advice first.

If you are an owner-occupier

• Mortgaged property. Check your mortgage terms. Many lenders allow a lodger if you live there too.
• Leasehold flat. Check your lease.
• Shared ownership. Check your shared-ownership agreement.

If you are on benefits

Lodger income usually:

• Reduces Housing Benefit (in some councils).
• Counts as income for Universal Credit if from a lodger paying for board and accommodation (some exceptions for some types of arrangement).

This can wipe out the benefit. Always check with a benefits adviser at Citizens Advice or Turn2us before taking in a lodger.

The Rent a Room Scheme

If you let out a furnished room in your only or main home, the first £7,500 a year (£3,750 if you share the rental income with someone) is tax-free. You do not need to do anything special, HMRC defaults you in. If you earn more, you can choose between the £7,500 allowance or treating the income normally and deducting expenses.

This applies whether you own or rent.

How to set it up

1. Get written permission from your landlord (or mortgage lender / freeholder) if required.
2. Tell your insurance company. Some policies need an endorsement.
3. Inform your council tax office if your previous single-person discount would change.
4. Check the room is safe: working smoke alarm, no obvious hazards, locks on bedroom doors if desired.
5. Get a written lodger agreement in place. Templates are easy to find online or from a solicitor.
6. Take references and a small deposit if you want.

A simple lodger agreement should include: names, address, room used, shared rooms, what is included (bills, food, cleaning), rent and frequency, notice period for both sides, deposit if any, house rules.

Asking a lodger to leave

For an excluded occupier:

1. Give reasonable written notice (usually the rent period, e.g. 1 week if rent is weekly, 1 month if monthly).
2. The notice should clearly state the date they must leave.
3. After the notice expires, you can change the locks, but only when they are not in.
4. Do not use threats, force, or harassment.

If the lodger refuses to leave after lawful notice and you cannot get into the room, you can apply for an order from the County Court, but you usually do not need to.

If you have given the lodger exclusive use of a self-contained area (their own kitchen and bathroom), they may be a sub-tenant rather than a lodger, and the eviction rules are stricter.

Council tenants taking in a lodger

Most councils have specific rules. Common ones:

• Permission must be requested in writing.
• The home must not become statutorily overcrowded.
• The lodger's name is recorded but they have no tenancy rights.
• Income from the lodger may affect Housing Benefit.

A lodger does not become a joint tenant and cannot succeed your tenancy.

How we can help

Lodger issues are not our work. The right places to call:

• Citizens Advice 0808 223 1133
• Shelter 0808 800 4444

If a separate disrepair issue affects the home you are letting a room in, call us free on 0800 030 4669.

Free call: 0800 030 4669 | Start your claim

Sources

• Protection from Eviction Act 1977 (excluded occupiers) (legislation.gov.uk)
• Rent a Room Scheme (GOV.UK)