Renters' Rights Act 2025, Phase 1 commencement
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England, Wales, Resident landlord

Lodger Agreement Guide UK, Resident Landlord Rights

A lodger has different rights from a tenant, the resident landlord exemption removes most tenancy legislation. Notice periods, Right to Rent, deposit rules, and Rent a Room tax relief explained.

7 min readUpdated 12 May 2026Last reviewed: 12 May 2026 by Richard Wood, FounderLodgerResident LandlordTenancy Management
Written and reviewed by· Founder, LetSafe UKLast reviewed: 12 May 2026
Periodic Assured Tenancy Agreement£29

A lodger occupies as a licensee, they do not have exclusive possession and do not have the security of tenure that a tenant enjoys under the Housing Act 1988. The resident landlord exemption in Schedule 1 of the Housing Act 1988 removes most tenancy legislation from lodger arrangements where the landlord lives in the same building.

Lodger vs tenant

  • Lodger: no exclusive possession, no security of tenure, can be given contractual notice
  • Tenant: exclusive possession, assured tenancy rights, can only be evicted via Section 8 and court order
  • The test is exclusive possession, if the lodger can exclude the landlord from their room, they may be a tenant in law

The resident landlord exemption

The exemption applies where: the landlord occupies another dwelling in the same building as their only or principal home; and the building is not a purpose-built block of flats. If the landlord moves out, the exemption may cease and the lodger could acquire assured tenancy rights.

Notice to quit

  • Give the notice period in the lodger agreement, typically one week (weekly rent) or one month (monthly rent)
  • No court order required, the lodger is a licensee, not a tenant
  • If the lodger refuses to leave, they become a trespasser, seek legal advice before any physical action

Legal requirements that still apply

  • Right to Rent checks, mandatory in England for all adult lodgers before move-in
  • Gas safety (CP12) if gas appliances present
  • EICR obligations apply to residential properties from which rent is received
  • Smoke and CO alarms, required
  • Deposit protection if a deposit is taken

Rent a Room Scheme

Resident landlords can earn up to £7,500 per year from lodgers tax-free (Rent a Room Scheme, 2026/27). The exemption applies automatically below the threshold. Above £7,500, you can opt into the scheme (tax on excess only) or declare as rental income. Only available if the property is your main residence.

Primary sources

This page is drafted against the legislation below. Always check the current text of the law before acting.

Templates recommended in this guide

Put this guide into practice, get the Periodic Assured Tenancy Agreement from the LetSafe shop, the regulation-current pack that matches this guide.

Found a gap or disagree with something?

Reply to any LetSafe email or write to richard@letsafeuk.co.uk. We rewrite guides when we get something wrong, the sooner we hear, the sooner we fix it.

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