To sign up for the Landlord Law Newsletter (and get a free guide)>> Click Here

Tag Archives: lodgers

Tessa’s Tenancy Agreements – resident landlords

granny annexPart 3 of my  series looking at different types of tenancy agreements.

When talking about tenancy agreements for property let by resident landlords we need to be clear whether we are renting to a lodger or to a tenant.  They are very different.


A lodger  is generally someone who lives with the landlord sharing living accommodation.  Typically the landlord will be someone who has a spare room and wants to make a bit of money by renting it out. Although ‘lodger’ is not a legal term, it is generally agreed that a lodger agreement is almost invariably a license and not a tenancy.

You will find a lot more about the law relating to lodgers on my free website Lodger Landlord

Note that people doing this are entitled to a tax free income under the rent a room scheme of £4,250.


On the other hand, if you rent out self contained accommodation in the same building that you live in yourself, this will be a tenancy.  Although note that the resident landlord rules will not apply if the property is a purpose built block of flats where the landlord lives in one and the tenant in another.

A common situation will be where you have a ‘granny annex’ or self contained ‘garden flat’.  Or if you have a property which is too big for you, and divide it into self contained flats which you rent out to tenants  keeping one to live in  yourself.

Some legal points

Lodgers have considerably fewer rights than tenants.  In particular so long as they share living accommodation with the landlord they are not normally protected under the Protection from Eviction Act which means that they can be evicted from the property without a court order.

Tenancies granted by resident landlords are not ASTs – this is specifically set out in schedule 1 (10) of the Housing Act 1988.  This means that your tenancy will fall under the common law and slightly different rules will apply to those which apply to assured and assured shorthold tenancies.

Tenancy Deposits.  Note that in neither case do tenancy deposits require protecting under a scheme.  The tenancy deposit rules ONLY apply to deposits taken for assured shorthold tenancies.

What about the tenancy agreements then?

If you are renting a room to a lodger you should use a lodger agreement.  You can buy these, along with some other useful forms, on my Your Law Store site.  There is also an agreement for a ‘Monday to Friday’ lodger agreement.

If you are a resident landlord renting out self contained accommodation on a tenancy, then your tenancy agreement needs to state this.  Resident landlord agreements are not that common, but they are around.  I have a couple on Landlord Law.

Next time I will be looking at company lets.

NB If you want to check what tenancy type is suitable for YOUR property visit my Which Tenancy Agreement Guide.  All Landlord Law members can create unlimited tenancy agreements via our Document Generator service.

Tenants taking in lodgers in rented properties

The new lodger

Lodgers are a good way for tenants to make a bit of extra money to help them pay the rent. This post has some guidanceContinue Reading

Rupert Hunt – Notable Property Persons in their own words

Rupert Hunt

My property person this week is Rupert Hunt, the founder of and various other websites relating to flat sharing.  Here is his story. 1. Please introduce yourself. Say a bit about yourself and your company Hi, I’m Rupert Hunt and I’m the founder of, the UK’s leading flatshare site with over 1.5 millionContinue Reading

Lack of paperwork in letting – how does this affect the deposit?

Be careful about sharing a house where you do not sign any form of agreement

A tenancy deposit problem I have received the following email from one of our readers: My boyfriend and I moved into a 7 person flat share beginning of Nov 2008 where we were advised by the tenant moving out that there had not been a lease agreement with the Landlord via the letting agents forContinue Reading

Tenancy Agreements 31 days of tips – Day 3 – tenancy or license?


For the new version of this series >> Click here This is day 3 of my 31 days of tips on tenancy agreements series. To see the rest of the series click here. Is your agreement a tenancy or a license? Law is never straightforward. Just to make things a little bit more complicated, in lawContinue Reading

Lodger Landlord 21 days of tips – the final week, days 15 to 21


The 21 days of tips series has now concluded. It will however remain on the blog as a guide for anyone who wants to take in a lodger. Here is a summary of the final seven posts. As before the headings are links taking you to the post: Day 15 – Should you use aContinue Reading

Lodger Landlord 21 days of tips – the middle section, days 8 to 14


The second week of tips for Lodger Landlords has now passed. See below the topics covered (the headings are links which will take you to the posts): Day 8 – What about tax and council tax? This tip looks at the government’s rent a room scheme, and’s Raise the Roof campaign. Day 9 –Continue Reading

The Landlord Law Blog from Tessa Shepperson

Tessa is an English lawyer specialising in residential landlord and tenant law.

Legal Services

Legal services are provided via Tessa's online service Landlord Law. Some advice services are provided by Tessa, other legal services are provided by specialist housing firm Anthony Gold.


The purpose of this blog is to provide information, comment and discussion. Although Tessa, or guest bloggers, may from time to time, give helpful comments to readers' questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts. Any comments or suggestions provided by Tessa or any guest bloggers should not therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a solicitor-client relationship (apart from the Fast Track block clinic service - so far as the questioners only are concerned).

Guest bloggers

Please note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Other websites from Tessa

Lodger Landlord | School for Landlords | Google+ | Your Law Store | Google | Landlord Law facebook page | Tenancy Agreements Manual | How to Evict Your Tenant website | the Which Tenancy Agreement Guide | Landlords Tips | Tenants Tips