Welcome to Simply-Docs

Lodger Licences to Occupy a Room in the Owner’s House

If you are letting out a room in your own home to a lodger, the lodger will have a licence rather than a tenancy. Even though renting a room can feel more informal than granting a tenancy, it is advisable to have a written agreement setting out what is required of the owner and the lodger. If practical matters are considered and documented at the outset, this should reduce the scope for disputes during the term of the lodger agreement.

These templates are suitable for use in England and Wales unless a landlord in Wales has served a notice before a licence is granted stating that is to be an occupation contract. Under the Renting Homes (Wales) Act 2016, if a licence is to be granted to share accommodation with a landlord (which the landlord occupies as their only or principal home), this will not be a standard occupation contract unless the landlord has given a notice to the licensee before the contract is made, stating that it is to be an occupation contract (‘the notice’). Model written statements for the occupation contracts can be found in Renting Homes Wales.

Owners should ensure they comply with any legal requirements prior to entering into a licence to occupy. Our Compliance Checklist can be used to check that they are complying with housing law before the licence is entered into and during the licence period. There are a number of template letters and documents which can be found in the Residential Landlord and Ownership Documents to assist with these requirements.  

These Licences to Occupy a Room in the Owner’s House cover both full-time and part-time (e.g., weekdays only) occupation by a lodger. They are drafted using plain English so that they can be easily understood.

Lodger Licences to Occupy a Room in the Owner’s House is part of Property. Just £38.50 + VAT provides unlimited downloads from Property for 1 year.

Frequently Asked Questions

I am renting a room in my own home to a lodger. Do they have a tenancy or a licence? +
A licence. Where you live in the property and share living accommodation with the person renting a room, they are a lodger with a licence to occupy, not a tenant with an interest in the property. A written lodger agreement is still worth having: it records the rent, the house rules and what each of you must do, which heads off disputes later.
How easily can I ask a lodger to leave? +
More easily than a tenant. A lodger who shares accommodation with a resident owner is an excluded occupier under the Protection from Eviction Act 1977, so you do not need a court order to end the arrangement. You give reasonable notice, usually in line with the rent period and as set out in the agreement, and the licence ends. Act reasonably and keep it civil to avoid a harassment claim.
Do I need a written agreement for a lodger, and what should it cover? +
It is not legally required but it is strongly advisable. A written lodger agreement records the rent and how it is paid, the notice period, house rules, use of shared areas and whether the room is full-time or part-time, such as weekdays only. Settling these at the outset reduces the scope for arguments while the lodger lives with you. These templates cover both full-time and part-time occupation.
I am a live-in landlord in Wales. Is the position different there? +
Yes. Under the Renting Homes (Wales) Act 2016 a licence to share accommodation with a resident landlord is not a standard occupation contract, but only if the landlord gives the occupier a notice before the licence is made stating that it is to be an occupation contract. Without that notice it stays outside the contract regime. Model written statements for occupation contracts are in the Renting Homes Wales folder.

Simply-4-Business Ltd Registered in England and Wales No. 4868909, 20 Mortlake High Street, Mortlake, London SW14 8JN

Top