Lodgers vs tenants: how your rights and responsibilities change
If you’re renting from a private landlord you’ll either be a lodger or a tenant. But there’s an important distinction between the two and it’s vital to know where you stand.
If you’re looking for a room to rent, who you’ll be sharing with makes a massive difference to your rights and responsibilities.
Put simply, if the landlord lives in the property too, you’ll be a lodger. But if the landlord lives elsewhere, you’re a tenant.
Being a lodger
The current economic climate means more and more homeowners are taking in a lodger to sleep in the spare room.
Being someone’s lodger has a number of pros and cons.
Firstly because the flat or house is the landlord's main place of residence, the balance of rights is in their favour. So you’ll have a lot less say over things, and less rights, than if the landlord lived elsewhere.
Unlike tenants, lodgers don’t sign an Assured Shorthold Tenancy (AST) giving them a contract for at least six months and a two-month notice period. Instead your landlord is likely to get you to sign a “license” or “lodger agreement”.
With this type of agreement, a landlord only needs to give “reasonable notice” to ask a lodger to leave. This is normally 28 days but could be shorter.
There are lots of other rules that apply to ASTs that don’t apply to lodger agreements. For starters, the landlord doesn’t have to protect any deposit in a deposit protection scheme. Secondly if the landlord is sharing some living accommodation with the lodger, they won’t need a court order to get possession. Living accommodation means things like kitchens, bathrooms, and living rooms.
Whereas a tenant with an AST has exclusive use of space they rent during the tenancy, a lodger doesn’t. This means you don't have the right to exclude your landlord from the room you're renting. So, if your landlord wants to nose around your room they can (within reason).
Another key issue is that if you’re a lodger the landlord has the right to move you to a different room in the property if necessary. So you could find yourself relegated to the box room if the landlord has guests.
The main advantage of being a lodger, rather than a tenant, is that it tends to be cheaper. Also the landlord will probably be more keen to repair things and keep the property nice than a live-out landlord might be.
Getting a lodger
If you’re a homeowner you can earn up to £4,250 a year tax-free from taking in a lodger.
However, if you do this it’s important to choose a lodger whose lifestyle is compatible with yours – otherwise you’re likely to resent sharing your space with them.
A thorough interview process should help weed out weirdos and drug dealers, but it’s a good idea to draw up some house rules before someone moves in.
These could incorporate anything from shared cleaning responsibilities and use of broadband, to rules about guests. Many live-in landlords limit the number of overnight guests a tenant can have each month to avoid bumping into a constant stream of boy/girlfriends en route to the bathroom.
Most live-in landlords will charge their lodger a rent inclusive of all bills. So the agreement you both sign should detail what’s included, what’s not and any restrictions.
Being a tenant
If you rent a room in a property, or a whole property, and the landlord doesn’t live there, you’ll be a tenant (not a lodger).
Being a tenant gives you many more rights than being a lodger.
In most cases you’ll sign an AST which gives you full rights to remain in the property until the end of your contract, or after a notice period. So you have much more security of tenure than if you were a lodger.
Tenants only have to give one month’s notice they intend to move out, while the landlord is required to give two.
Any deposit you hand over will also have to be protected in a recognised protection scheme.
Tenants have more rights over the space they’re renting than lodgers. For example, a tenant has the right to exclude the landlord from that space. Landlords need to give 24 hours’ notice of any visit and not come round when it’s inconvenient. In short, tenants have the right not to be disturbed by the landlord.
However, tenants have more responsibilities than lodgers. These include looking after the property and paying utility bills. Services such as Council Tax and broadband will also be in your name.
More on renting your home:
Rising number of tenants falling severely behind with rent
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My Dad has some people living with him and doesnt know how to get them out. We are in California and this man came to visit a friend that was staying with my Dad, but since has moved. Well the other man was staying on an inflatable raft in the garage, but soon got into the house when the other man moved out. At the time, my Mother was alive. We just lost her due to Covid January 31, 2022, but underlying conditions were suffering from Alzheimers for about 10 years now. I think he didnt see what was happening cause he was consumed with responsibilities. Well this boy brings a pit bull dog and my Dad has cats. Then he brings his mom and another dog. Next comes his sister who soon gets pregnant and so there are 4 people and 2 dogs in one room and no one pays a dime. Its been about 2 1/2 years. My Dad was hoping to catch up on the bills with him staying there and helping him at the same time. Instead, he was forced to sell their jewlrey just to keep the lights on and the rest of the house running. He has to hide his food in his room, they use all his toilet paper and drink all his bottles water. And forget about soda or juice, its gone before you can take out a glass. Now with my Mom gone he is basically alone with them all the time and feels threatened. That man pulled a knife out on his mom and pregnant sister one day. The police came and arrested him. My poor Dad doesnt feel safe in his own home. He was in the hospital this weekend due to his heart rate. I am afraid to do anything not in our rights because that girl with the baby says we have done so many things wrong and she already lawyered up. She records us when we are trying to talk privately, my dad and I. We cant even go outside because the mother follows us and listens through the back gate. What are our rights?? Please help before I lose my Dad too!!!
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this person who shares your house is not a tenent as your daughter lives in the house he is a lodger and as such does not have many rights under lodger share agreement,, if it was me i would just give him 2 weeks notice in writing to leave stating in the notice that he is a lodger and if he does leave i would just lock him out of your house as as lodger he has little or no rights
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if the landlord lives in the house you are a lodger and as such have very little rights you should have a house/flat share agreement if the landlord gave you one but he does not have to give you this,, if you gave a deposit the landlord does not have to insure same and he can just give you 28 days notice or less maby 1/2 weeks
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24 March 2022