What You Need to Know About Lodgers and the Law in England

Taking in a lodger can be a sensible way to earn extra income while making the most of spare space in your home. But before you offer a room, it’s important to understand the legal rules, the rights a lodger has, and your responsibilities as the homeowner.

What Exactly Is a Lodger?

A lodger is someone who rents a room in your home and shares facilities such as the kitchen, bathroom, or living room with you.

Because you also live there, the arrangement is different from renting out a self-contained flat or house. A lodger is generally classed as a licensee, not a tenant, because they don’t have exclusive possession of any part of the property.

If you move out permanently, the lodger may gain tenancy rights — so it’s important to stay resident if you wish to keep it as a lodging arrangement.

Licence vs Tenancy

The key distinction is that a lodger occupies under a licence rather than a tenancy:

• You retain control and access to your property.
• Your Lodger does not enjoy security of tenure under the Housing Act 1988.
• You can ask them to leave on giving reasonable notice.

This gives you greater flexibility compared to letting on a tenancy. Lodgers are classed as excluded occupiers, they have no security of tenure, so you can end the arrangement more easily than a tenancy.

Agreements and Notice

Although not a legal requirement, you should always have a written lodger agreement. It should include:

• Rent amount and payment dates
• What’s included (bills, Wi-Fi, council tax)
• House rules and shared-area use
• Notice period and how either side can end the arrangement

“Reasonable notice” usually means at least the length of the rent period (for example, a week’s notice for weekly rent or a month for monthly rent).

Ending the Arrangement (Evicting a Lodger)

Lodgers don’t have statutory protection, so you don’t normally need a court order — but eviction must still be done peacefully.

You can ask the lodger to leave after giving proper notice.

Only once the notice period has expired and they’ve moved out can you change the locks to regain possession.

Never use force, intimidation, or remove belongings.

If a lodger refuses to leave, get legal advice before acting further — under the Protection from Eviction Act 1977, using force could still amount to unlawful eviction.

Right to Rent Checks

Before allowing a lodger to move in, you must carry out Right to Rent checks under the Immigration Act 2014.

You must:

• Check and copy acceptable ID (passport, biometric card, or immigration documents), or
• Verify their status online using a Home Office “share code”.
• Keep dated copies for at least a year after the lodger leaves.
• Failure to carry out checks can result in civil penalties up to £5,000 per lodger, or higher for repeat breaches.

Property Safety Requirements

You must ensure your home is safe for occupation:

• Annual Gas Safety Certificate (if applicable)
• Safe electrical installations and appliances
• Smoke alarm on each storey
• Carbon monoxide alarm in rooms with a fixed combustion appliance
• Reasonable fire safety measures (clear exits, extinguisher or fire blanket)
• If you have more than two lodgers living with you, the property may count as a House in Multiple Occupation (HMO).

A live-in landlord with no more than two lodgers is usually exempt, but three or more lodgers may trigger additional licensing and fire-safety obligations under the Housing Act 2004.

Tax and the Rent-a-Room Scheme

Income from lodgers is taxable.

The Rent-a-Room Scheme lets you earn up to £7,500 per year tax-free if you rent out furnished accommodation in your main home.

If two people share the income (for example, joint owners), the allowance is split to £3,750 each.

If your gross receipts exceed the threshold:

You can opt into the scheme and claim the allowance, or declare your actual profits through Self Assessment.

Always check your mortgage and home-insurance terms — many require written consent before taking in a lodger.

Screening and Practical Considerations

• Choose lodgers carefully.
• Ask for references or proof of employment.
• Take a deposit and provide a receipt (deposit-protection rules don’t apply, but clarity helps).
• Set clear house rules and expectations early on.
• Keep written records of payments and communications.

Next Steps

Taking in a lodger can be rewarding, but it comes with legal, tax, and safety responsibilities.

By understanding the difference between a lodger and a tenant, conducting the proper checks, and setting clear terms, you can protect yourself and make the arrangement run smoothly.

If problems arise or you’re unsure about notice, eviction, or licensing, seek legal advice before acting.

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Taking in a lodger? Know your legal rights, tax rules, and safety duties before renting a room.

Taking in a lodger can be a sensible way to earn extra income while making the most of spare space in your home. But before you offer a room, it’s important to understand the law.

 

If you would like any more information relating to this article, Please contact Gavin Lampert on 020 8221 8062 or at gavin.lampert@bowlinglaw.co.uk

This article is not intended to provide legal advice; it is intended to provide information of general interest about current legal issues.