What is a lodger?
“That’s a silly question,” you will probably say, “Everyone knows what a lodger is!”. Someone who lodges.
Indeed the free online dictionary defines it as ‘One that lodges, especially one who rents and lives in a furnished room’.
However, to understand the lodger and lodger landlord rights and obligations, we need to look at the legal situation. Which, since the Renting Homes (Wales) Act 2016 come into force on 1 December 2022, has been different in England and Wales.
In England, there is no standard legal definition, but a lodger is generally held to be someone who rents a room in their landlord’s home and shares living accommodation with them.
In most cases, the lodger will have a residential license, but it can sometimes be a tenancy.
In Wales, the definition of a lodger is set out in section 244 of the Renting Homes (Wales) Act 2016. Which says that a lodger is someone who shares living accommodation with their landlord as set out in schedule 2(6). Lodgers are an exception to the normal rules which apply – unless the landlord gives notice to them saying that they have an ‘occupation contract’.
This is not a good idea though as occupation contracts bring with them many rules and regulations which are not designed for situations where landlords are renting accommodation in their own home.
So, for properties in Wales, any written contract with your lodger should make it clear that they are a lodger and not a contract holder.
Please also read our separate page here on the Welsh law.
The rest of this page is written mainly for English lodger landlords.
Tenancies, occupation contracts and licenses
In England (although not in Wales), there is a big difference in the rights between
- tenants (who have a legal interest in the property, which is a form of ownership) and
- licensees (who are just there by permission of the landlord, meaning that they are not a trespasser).
Generally, you will want your lodger to have a license. Or, if you live in Wales, you want to ensure that they do not have an occupation contract.
In order to ensure this, you should:
Prevent ‘exclusive occupation’
One of the main features of a tenancy is that the tenant has ‘exclusive occupation’ and is able to keep anyone out of the property, including the landlord. Therefore, if it is a condition of your agreement with your lodger that you have the right to come into the room from time to time, it cannot be a tenancy.
It is important that you do this. Your lodger must not (particularly in England) be allowed to keep you out of their room (although you should always respect his privacy). He should not be allowed to put a lock on the door, or if he does, you must have a key.
If your lodger objects to this, tell him that it is your home, and you need to be able to enter the room from time to time to check its condition.
You can also say (assuming this is the case) that if you are unable to enter his room this will breach the terms of your mortgage and invalidate your insurance policy.
Provide services
Another good way of preventing a tenancy from arising is to provide services (this is why you do not get a tenancy of your hotel room when you are on holiday).
The most common service provided by lodger landlords is clean sheets and towels. This is good for the lodger, as he does not have to buy his own, and it is good for you as it gives you a reason to go into the room.
Other services often provided by lodger landlords are room cleaning and meals, for example, breakfast.
Share living accommodation
This is the most important of all. You should share at least some living accommodation with your lodger.
The reason for this is that it will mean that the letting will come into one of the exceptions in the Protection from Eviction Act 1977. This means that if you ever need to evict your lodger, you won’t have to get a court order first (this is discussed more later in this guide).
However, you do not have to share the whole house. If you want to have a private sitting room or if the lodger’s room has its own en-suite bathroom (so they don’t use yours), just make sure that your lodger is allowed to use other rooms with you, such as the kitchen and the dining room if you have one. Halls, stairways and corridors don’t count.
Mind you, if you want the accommodation to be completely self-contained and don’t want to provide services, there is nothing wrong with this so long as you accept that it will almost certainly be a tenancy (in England) or an occupation contract (in Wales). Indeed you may be entitled, because of this, to charge a higher rent.
However, it is important that you realise and understand the situation, so you will know how to deal with things if there are problems.
Warning
If you do not share living accommodation with your lodger, you will then lose the right to evict without having to get a Court Order first. If you are renting a room in your home, you should ALWAYS share some living accommodation for this reason.
Your own home
For the various rules relating to lodgers to apply, the property must be your main home, where you live for most of the time.
If you move out (permanently, that is, going on holiday or a spell in hospital is all right), your lodger could obtain a tenancy (in England) or an occupation contract (in Wales).
And Finally
So we now know what a lodger is. For the purposes of this website:
- A lodger is someone who rents a room in his landlord’s home.
- He will share at least part of the living accommodation in the rest of the house or flat with his landlord,
- His landlord will have the right to enter his room (although respecting his privacy) to inspect it and/or provide services, and
- His landlord will generally provide at least some services (such as clean sheets).
Please note:
This Lodger Landlord guide is written primarily for people renting a room to a lodger in your own home with shared accommodation.
If you require information about tenancies with resident landlords and Welsh occupation contracts, you should visit the Landlord Law site. The information in this guide will not apply.
Readers Questions
Q: You say we should not allow lodgers to have a lock on the door. Does a bolt on the inside of the lodger’s room count as a lock?
A: I don’t think there is a legal definition, but a bolt is a bit different from a lock with a key, as it only stops you from going in when the lodger is there and does not stop you from entering when he is out.
Q: We have a separate annex building in the garden which we want to rent out. It will be separate from our accommodaiton – will they be lodgers or tenants?
A: If it is a separate building from your home the occupiers will probably have an assured shorthold tenancy. For guidance on how to manage tenancies visit www.landlordlaw.co.uk.
Q: We have a separate annex which is connected to our accommodation by a door. But it has its own separate entrance and is self contained. If I provide services and give a lodger agreement will that make them lodgers?
A: No, they will probably tenants but as you live in the same building it will be a ‘common law’ tenancy rather than an assured shorthold tenancy. If you provide services such as bedlinen and cleaning it may be a license rather than a tenancy. But only if the services are actually provided. However even if it is a license, you would still have to get a court order if you want to evict them as the exception to this rule in the Protection From Eviction Act 1977 s3A is limited to cases where landlords share living accommodation with the occupier.
Note that Landlord Law has guidance on common law tenancies with resident landlords along with suitable tenancy agreements you could use.
Q: We gave our lodger an assured shorthold tenancy agreement to sign – what sort of occupation do they actually have?
A: It cannot be an assured shorthold tenancy (AST) as Schedule 1 of the Housing Act 1988 (which regulates ASTs) says that ASTs cannot exist where there is a resident landlord. They will either have a common law tenancy or a residential license. What they have will probably depend on the circumstances of the letting and whether or not they have ‘exclusive occupation’ of their room.
Information flagged with the Welsh flag only applies in Wales.
Important note
This guide ONLY deals with lodger agreements where you are renting a room to a lodger in your own home.
If you require information about tenancies with resident landlords and Welsh occupation contracts, you need the Landlord Law site.
