Question: Does My Lodger Have Rights?

Is a lodger the same as a tenant?

The main difference between a lodger and tenant is that a lodger (legally known as a ‘licensee’) is someone who lives in the same property as you.

Tenants, by contrast, are people who pay rent for a property you own but don’t live in; in this respect, you’re classed as a live-out landlord..

Can I have a lodger?

Almost anyone can take in a lodger, but it is highly recommended to get approval from your mortgage lender and property landlord. This will save any surprises later on, as your mortgage lender or landlord may prohibit the practice depending on your agreement with them.

Can a lodger leave at any time?

Lodgers are excluded occupiers. This means your landlord can evict you without going to court if your agreement has ended. Your landlord can give you notice to leave at any time if you either: have a periodic rolling contract.

Do lodgers pay rent?

Depending on the nature of the agreement, the rent can be paid on a monthly or a weekly basis. The agreement should state the exact amount of rent and what it includes along with any other tax or utility bills to be paid by the lodger as well as the time of payment and whom should it be paid to.

Can you evict a lodger?

Lodgers are ‘excluded occupiers’. This means that your landlord can evict you without going to court. You’ll also be an excluded occupier if either: the accommodation is provided rent free.

Can my boyfriend be my lodger?

Your partner is not a lodger. Anything she pays towards household expenses is exactly that – a payment towards shared household expenses, not rent.

Can I have a lodger with help to buy?

The H2B scheme does not impact your ability to sublet to a lodger. Your mortgage is likely to be ok too, so long as this is to a lodger, i.e. you do not give sole possession of a particular area to your lodger and create a relationship of landlord and tenant.

Does a lodger need a contract?

As a lodger, you’re likely to have a licence agreement. If you have a licence agreement, your landlord doesn’t have the repair responsibilities that are set out in the Landlord and Tenant Act 1985 because it only applies to tenancies.

How do I ask my lodger to leave?

During the conversation you should serve a formal notice, which should state the date they should leave. The notice/letter should specify that you are giving them 28 days (or however long you are giving them, but 28 days should be the minimum) notice to leave. You should also sign and date it.

Can you take a deposit from a lodger?

Landlords and letting agents can deduct money from the lodger’s deposit if the lodger has any outstanding rent or if they have caused any damage to their rented living space. Damage above the level of fair wear and tear could include damage or stains on furniture or furnishings or missing items from the inventory.

How much can I charge a lodger without paying tax?

The Rent a Room scheme is an optional scheme open to owner occupiers or tenants who let out furnished accommodation to a lodger in their main home. It allows you to earn up to £7,500 a year tax-free, or £3,750 if you’re letting jointly. You don’t have to be a homeowner to take advantage of the scheme.

What happens if a lodger refuses to leave?

If your lodger still won’t leave, you might have to refuse them entry. One way to do this is to change the locks when they’re out and refuse to let them in. If you think they may cause trouble, try to get an independent witness or the police to be present.

How much notice do you need to give a lodger?

How to end an excluded tenancy or licence. If your lodger is an excluded occupier, you only need to give them ‘reasonable notice’ to quit. Usually this means the length of the rental payment period – so if your lodger pays rent weekly, you need to give 1 week’s notice. The notice does not have to be in writing.

Who is considered a lodger?

A lodger is someone who lives with you in your home and shares living space with you, such as the bathroom or kitchen. They might have their ‘own’ room, but they live in your home with your permission and have agreed they don’t have the right to exclude you from their room or any part of your home.

Is a lodger agreement legally binding?

Make it legal As mentioned above most mortgage lenders will agree to you renting out a room in your property if you have a correctly drafted agreement in place. In addition a legally binding agreement is crucial to protect your interests should any disagreements arise between you and your lodger.