Lodger Agreement (England & Wales)

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Questions about this document

Is a lodger agreement a tenancy?

No. A lodger who lives in your home and shares living accommodation with you (such as a kitchen, bathroom or living room) normally has a licence rather than a tenancy; the arrangement cannot be an assured tenancy because you live there (Schedule 1 to the Housing Act 1988), and it is an excluded licence under section 3A of the Protection from Eviction Act 1977. That means the Renters’ Rights Act 2025 regime does not apply and you do not need a court order to recover the room once the notice you have given has run out. The agreement is drafted as a licence for exactly this reason: giving the lodger exclusive possession of a self-contained part of the property could change the legal position.

How much notice do I have to give a lodger?

The law requires reasonable notice to end an excluded licence; there is no fixed statutory period. The agreement lets you set the notice period in the Particulars (four weeks is usual, and matching it to the rent period keeps things simple) and says how notice must be given. Until that notice has expired the lodger is still entitled to be there, so changing the locks or removing their belongings early is not an option: it is a breach of the agreement and can be a criminal offence.

Do I have to protect a lodger’s deposit in a government scheme?

No. The deposit protection schemes under the Housing Act 2004 apply to assured tenancies, not to a lodger licence. You can still take a deposit, and the agreement records the amount, what it covers and when it will be returned. In England the Tenant Fees Act 2019 does apply to lodgers, so the deposit cannot be more than five weeks’ rent and most other fees are banned. Return it promptly with an itemised list of any deductions, which avoids most arguments.

Can I take a lodger if I rent my home or have a mortgage?

If you are a tenant yourself, read your tenancy agreement and get your landlord’s written consent before the lodger moves in; most tenancy agreements prohibit sub-letting or lodgers without it. Homeowners should tell their mortgage lender and home insurer, who usually require notice and may adjust the policy. The guidance notes cover both points.

Do I pay tax on the rent?

Under the Rent a Room scheme the first £7,500 a year of rent from a lodger in your home is tax-free (£3,750 each if the income is shared with someone else). Above that you either pay tax on the excess or opt out of the scheme and deduct your actual expenses. Taking in an adult lodger also usually ends a council tax single-person discount, which the guidance notes flag.

Do I need to check a lodger’s Right to Rent?

In England, yes. A resident landlord must check that an adult lodger has the right to rent before they move in, the same as any other landlord, and keep copies of the documents checked. Schedule 3 of the agreement is a Right to Rent record for exactly this. The Right to Rent scheme does not apply in Wales.

Can I use this for a room in a property I do not live in?

No. If you do not live in the property as your home, the person renting the room is usually a tenant, and from 1 May 2026 a new letting in England is usually an assured periodic tenancy under the Renters’ Rights Act 2025 with all that follows. Use our Assured Periodic Tenancy Agreement (England) for that. The lodger agreement only works where you live there too and share facilities.

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The documents landlords and employers use alongside this one.

Property Inventory & Schedule of Condition

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Assured Periodic Tenancy Agreement (England)

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Landlord Pack 2026 (England)

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