When is a lodger a tenant

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A lodger has fewer rights than a tenant, in part because they are not protected by the Landlord and Tenant Act As such, a lodger is referred to as being an excluded occupier, meaning that the landlord only has to provide reasonable notice to end the lodging arrangement, and there is no need to seek the assistance of the Court to evict them.

Property owners can contact a landlord lawyer to do this. A Lodger Agreement is not mandatory, but it can provide additional clarification of rights and obligations for both licensor the immediate landlord and the licensee the lodger , including:. Lodger licenses can be granted periodically i. A landlord or lodger can bring the lodging arrangement to an end if the fixed term agreement has ended, or if periodic, they must have provided notice to leave typically corresponding to the rental payment period.

The manner in which the notice should be given i. If either party wish to terminate early, this can be agreed mutually between licensor and licensee. Even if there is no agreement, it is best practice to put any notice to terminate in writing, showing the date by which the lodger needs to vacate the property, and to hand this to them in person.

This ensures there is no miscommunication, and the intention to terminate the arrangement is clearly understood. The lodger should leave peacefully by the date on the notice letter. A landlord and lodger will have a licence instead of a tenancy agreement. This is usually 28 days, but can be shorter. As a live-in landlord, you should get your lodger to sign a licence which sets out the conditions of their stay in your property and outlines any house rules, before they move in.

You can ask your lodger to move to another room if necessary too, but try not to do this regularly!