Lodger Agreement UK 2026 — Renting a Room in Your Home

Lodger vs tenant — the legal difference

The distinction between a lodger and a tenant is legally significant. Getting it wrong has serious consequences:

• Lodger (licensee): Shares facilities with the landlord, no exclusive possession of any space, no security of tenure, can be asked to leave with contractual notice
• Tenant: Has exclusive possession of the let premises, statutory security of tenure under the Housing Act 1988, rights under the Renters' Rights Act 2025
• The test is exclusive possession: If the lodger can lock their door and the landlord cannot enter without permission, this suggests a tenancy, not a lodger arrangement
• If a court determines that your 'lodger' is actually a tenant, they gain full statutory tenant rights — including the right to only be evicted via Section 8 grounds and a court order

The resident landlord exemption

Under Schedule 1 to the Housing Act 1988, a tenancy is excluded from the assured tenancy regime (and therefore from the Renters' Rights Act 2025) if, at the time the tenancy is granted, the landlord occupies another dwelling in the same building as their only or principal home. This is the 'resident landlord exemption'. Key conditions:

• The landlord must live in the same building as the lodger — not just the same development
• The landlord must occupy their part of the building as their only or principal home
• Purpose-built blocks of flats are excluded — the exemption only applies to converted houses/buildings
• If the landlord moves out, the exemption may cease and the lodger may acquire assured tenancy rights

Notice to quit a lodger

Because a lodger is a licensee (not an assured tenant), you do not need a court order to ask them to leave. The notice procedure is:

• Give notice in accordance with the lodger agreement — typically the same period as the rent cycle (weekly rent = one week's notice; monthly rent = one month's notice)
• The notice does not need to be in any prescribed form — a clear written notice with the date by which the lodger must leave is sufficient
• If the lodger refuses to leave after the notice period expires, they become a trespasser and you may be able to apply for a court possession order — but many solicitors advise against self-help remedies
• Unlike an assured tenant, you do not need to use Section 8 grounds or apply to court in advance — though in practice, it is wise to have a clear written agreement and written notice trail

Legal requirements that still apply

Although the resident landlord exemption removes much of the tenancy legislation, the following still apply to resident landlords:

• Right to Rent checks: All resident landlords in England must carry out Right to Rent checks on every adult lodger before they move in. Civil penalties apply for failure to check
• Gas safety: If the property has gas appliances, the annual Gas Safety Record (CP12) obligation applies to resident landlords
• EICR: Electrical safety obligations apply to all private rented accommodation, including lodger arrangements in England
• Smoke and CO alarms: Required in all properties from which rent is received
• Deposit protection: If you take a deposit from a lodger, deposit protection scheme rules apply — protect within 30 days

Rent a Room Scheme — tax relief

The Rent a Room Scheme allows resident landlords to earn up to £7,500 per year from lodgers tax-free (2026/27 tax year):

• The exemption is per property, not per room — if you let two rooms to two lodgers, the total must be below £7,500
• The scheme applies automatically if your lodger income is below the threshold — you do not need to claim it
• Above £7,500, you can either opt into the scheme (pay tax only on the excess above £7,500) or declare the income as normal rental income and deduct expenses
• Applies only if the property is your main residence — not available for buy-to-let landlords letting rooms who do not live there

Frequently asked questions