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.