Lodger rights: Everything you need to know

Rent prices are up, wages are down, and the demand for housing is outstripping supply at an accelerating pace. It means an increasing number of people are renting rooms rather than properties, and others renting out space to make some extra cash are on the rise too.

Being a lodger is different from being a tenant, and the distinction can affect everything from your protections under the law to your rights around specific rooms of the home. It’s a handy option for people looking for a cheaper, flexible living arrangement, especially if you’re not ready to take on a full tenancy. But while lodgers have some security, they’re more vulnerable to eviction and have a much smaller say in their living space.

“The single biggest cost facing tenants is sky-rocketing rents,” Ben Twomey, chief executive of Generation Rent, told the Big Issue. “This means a growing number of people are moving into spare rooms or sofa-surfing because this is the only affordable option available to them.

“Because lodgers are living with their landlords, they have fewer rights than tenants living in a home themselves. It is far easier for a landlord to force a lodger out of their home than it is to go through an eviction process in a typical tenancy. Landlords also do not need to protect their lodger’s deposit.”

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Lodging can work for some people, Twomey added, especially those who are only looking to stay somewhere for a short while. “Many people, however, decide to become lodgers out of desperation,” he added. “It says a lot about our broken housing system that people are sacrificing the hard-won rights they do have because they can no longer afford to rent in ways that would give them protection.  

“The government must urgently address this by slamming the brakes on soaring rents and making sure there are enough homes available where people want to live.”

What is a lodger?

A lodger is someone who rents a room or space in a home where the landlord also lives. You’re sharing the home with the person who owns or rents the property but, unlike most private rent arrangements, you don’t have exclusive use of the whole place. You usually have your own room and share communal spaces like the kitchen, bathroom or living room with the landlord and, in some cases, other lodgers. 

This arrangement is known as a licence to occupy. As a lodger likely won’t have the same level of security as a tenant with, for example, an assured shorthold tenancy. But you do still have some protections.

There can sometimes be confusion over whether a family member is considered a lodger, and ultimately it depends on the circumstances in each instance. You’re generally not considered a lodger in the legal sense if you’re living with a family member who owns the property and you don’t pay rent to them. But you could be seen as a lodger if you’re paying rent to the relative who lives in the home with you, in which case the arrangement isn’t much different to any other landlord-lodger relationship. 

Similarly, you could be someone’s lodger even if they’re your friend.

There doesn’t need to be a written agreement for you to be considered a lodger, but it’s best to get one if you can to make sure both parties are clear on all terms of the arrangement and can avoid problems in the future. Your landlord doesn’t have to put your deposit into a deposit protection scheme.

Some lodgers find that this type of arrangement can feel easier than renting a place to themselves – because you’re sharing the space with someone, some responsibilities are shared. The flexibility of being a lodger compared to being a tenant suits some people too, especially when it comes to shorter notice periods or informal agreements. 

But in the same vein, it can be tricky to feel at home and settled when you’re renting a space in what is very much someone else’s home. 

Your landlord usually doesn’t need permission to enter your bedroom, though you still have a right to privacy. This is a surprisingly crucial element of determining what type of rental arrangement you have – if you put a lock on your bedroom door to keep your landlord out, for example, and they don’t have a key, this could be considered having exclusive occupancy and mean you are legally a tenant rather than a lodger.

There might be house rules or expectations around shared spaces that are more personal than you’d find in a standard rental, and the power dynamic could function slightly differently than if you didn’t live with your landlord. The relationship can feel closer than a typical landlord-tenant dynamic, but it can also make things a bit tricky if there are disagreements. 

What rights do lodgers have in the UK?

One of the most important things to be aware of is that as a lodger, you’re at a higher risk of eviction than a tenant is. Landlords have more flexibility to ask you to leave and you’re typically entitled to about half the notice period that a tenant gets.

You usually can’t, under the law, be evicted immediately as a lodger but it is a relatively fast process and depends on the type of agreement you have. 

If you have a fixed term agreement, you can only be evicted if that fixed term has ended – or if your written agreement includes a break clause to allow it to end early. Your landlord could also evict you if you’ve breached terms set out in your agreement. But there should be required notice written into your agreement too, and the landlord still has to give you that amount of time even if you’ve done something which means they can evict you.

Other lodgers might have a rolling agreement, which doesn’t have a fixed end date. If you were in a fixed term agreement which ended, but you still live in the property, this will automatically turn into a rolling agreement.

In this scenario your landlord is expected to give you what’s referred to as reasonable notice to leave. This is often written into your agreement – it’s usually around a month. If a notice period hasn’t been agreed of ahead of time, reasonable notice might be defined as the length of your rent payment period. This means that if you pay rent weekly, your landlord would typically only need to give you a week’s notice to move out, though it’s more common to be given a few weeks to leave. They don’t need to give you the same kind of eviction notice that private tenants receive, like section 21 or section 8 notices.

You might be given longer if you’ve lived there for a long time, or less if you’ve done something to break terms of the agreement like damage property or engage in anti-social behaviour. 

Because lodgers have less protection from eviction than most tenants, it’s generally much easier for landlords to evict them and they don’t need court orders to do so. Moving into a property as a lodger without a formal agreement in place means your landlord can ask you to leave with very little notice. 

Because lodgers only have a licence to occupy, their stay is considered temporary – no matter how long they’ve called the place home. You might have lived in a home as a lodger for a long time and invested money into maintaining or improving it, but this doesn’t give you any claim to ownership of the property. 

Do lodgers pay council tax?

In the UK, the person who owns or rents the property is usually responsible for paying council tax. That means lodgers usually don’t pay council tax directly and instead send their share to their landlord (or the main tenant who is subletting to them). 

Some landlords factor in council tax when they set the rent for lodgers, meaning you could be contributing to it every time you pay rent. The landlord or main tenant is usually still the one responsible for paying council tax in full even if there are multiple lodgers in a home. It’s worth asking your landlord whether your rent includes any contribution towards the council tax, so you know exactly what you’re paying for. 

Can lodgers claim housing benefit?

Lodgers, like tenants, might be eligible to claim housing benefit in certain circumstances – if you’re on a low income or already receiving other benefits you might be entitled to money towards your housing costs.

Being a lodger with a live-in landlord can drive down the amount you can claim because you’re sharing the property and so, in theory, paying less in rent or less towards other costs. The housing benefit system takes into account how much rent you’re paying and your overall living arrangements, so it’s unlikely that you’ll receive the same amount as you would if you were renting an entire property on your own. Try an online benefits calculator to get an idea of how much you could claim.

Remember that housing benefit has mostly been replaced by universal credit. Instead of claiming housing benefit as a separate payment, you’ll apply for universal credit and it will be paid that way – or, if you already receive universal credit, you can apply for the housing element to be added to your payments. This can affect how much support you receive so it’s a good idea to check with your local council or a benefits adviser to see what you’re entitled to.

When you apply you’ll need to provide details of your agreement with your landlord and show proof of how much rent you’re paying. You’ll also need to tell them about any other income you have, which will also affect how much you can receive in social security payments. 

Be sure to find out if your landlord is receiving rent through the Rent a Room Scheme, which them earn a certain amount of money tax-free from renting out a room, as this can affect your benefits application too.

To start your universal credit application, visit the UK government website or contact your local council for help. You can also get in touch with your local Citizens Advice branch for guidance on what you could be entitled to and how to claim it.

Make sure to have documents like bank statements, wage slips and your lodger agreement ready when applying. Once you’ve submitted your claim you’ll need to wait for a decision and, if approved, the housing element of universal credit could be granted to help cover some or all of your rent. 

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