Is a lodger a tenant?

Usually not. Someone who lives in your home and shares living space with you is normally a lodger with a licence to occupy, and an “excluded occupier”. That generally means you can end the arrangement with reasonable notice and do not need a court order to do so.

Do I need to protect a lodger’s deposit?

Normally no — tenancy deposit protection applies to tenancies, not lodgers. This agreement still says when the deposit is returned and what may be deducted.

How much notice do I have to give a lodger?

The notice in your agreement, which should be reasonable — usually one rental period. This template lets you choose a week, two weeks or a month.

Do I pay tax on lodger income?

Under the Rent a Room scheme you can receive up to a set amount a year tax-free from letting furnished accommodation in your home. Check the current limit on GOV.UK.

Lodger Agreement (England & Wales)

A licence agreement for taking a lodger into the home you live in and share with them, in England or Wales: rent, deposit, bills, house rules and ending the arrangement.

Applies in England and Wales. General information, not legal advice — talk to a lawyer about your situation.

This document isn't on sale in the United Kingdom yet.

A lodger lives in your home with you and shares your kitchen or bathroom. In England and Wales that is normally a licence, not a tenancy, which makes it simpler to end than a tenancy. This agreement records the rent, deposit, bills and house rules so everyone knows where they stand.

It is only for a lodger in the home you live in yourself. If you do not live there, or the occupier has their own self-contained flat, this is not the right document.

When to use it

Renting a spare room to someone who will live with you and share facilities.
Taking in a lodger under the Rent a Room scheme.
Putting an existing informal arrangement with a lodger into writing.

How it works

Check it fits — You must live in the home as your only or main home and share living space with the lodger.
Right to rent (England) — In England you must check that a new adult lodger has the right to rent in the UK before the agreement starts. GOV.UK explains how.
Fill in the terms — Room, shared areas, rent, bills, deposit, notice period and house rules.
Sign and keep copies — You and your lodger sign two copies and keep one each.

Making it valid

Both of you sign. No witness or notary is needed.
Tell your mortgage lender and home insurer that you are taking a lodger — some policies require it.
A lodger’s deposit does not normally need to go into a tenancy deposit protection scheme, because a lodger is not a tenant.

After signing

Council tax — You stay responsible for council tax. If you were getting a single person discount, it usually ends when an adult lodger moves in.
Tax on the rent — Under the Rent a Room scheme you can earn up to a set amount each year from a lodger tax-free. Check the current limit on GOV.UK.

Common mistakes

Using a lodger agreement when you do not live in the property — the occupier is then likely to be a tenant with statutory protection.
Skipping the right to rent check in England.
Not telling your mortgage lender or insurer.

Questions

Is a lodger a tenant?: Usually not. Someone who lives in your home and shares living space with you is normally a lodger with a licence to occupy, and an “excluded occupier”. That generally means you can end the arrangement with reasonable notice and do not need a court order to do so.
Do I need to protect a lodger’s deposit?: Normally no — tenancy deposit protection applies to tenancies, not lodgers. This agreement still says when the deposit is returned and what may be deducted.
How much notice do I have to give a lodger?: The notice in your agreement, which should be reasonable — usually one rental period. This template lets you choose a week, two weeks or a month.
Do I pay tax on lodger income?: Under the Rent a Room scheme you can receive up to a set amount a year tax-free from letting furnished accommodation in your home. Check the current limit on GOV.UK.