Here is a question to the blog clinic from Cristina who is a lodger:
I am a lodger and my live-in landlord moved city for a few months. Should he change the contract for a tenancy one during this time?
No. You will either remain a lodger or become a tenant.
A lodger has fewer rights than a tenant because they are living in the landlords own home and sharing living accommodation with him. If the landlord moves out permanently then this is no longer the case and the lodger will acquire a tenancy.
However, if the landlord’s move was only ever temporarily and he then moves back again, you will remain a lodger.
Things to consider will be:
- Did the landlord initially intend to move permanently and then changed his mind or was it always going to be a temporary stay?
- What was the reason for the move?
- Did the landlord remain on the electoral register?
- Did he come back to the property at all during that time?
- Did he keep personal possessions at the property?
- Did he consider it to be his permanent home?
What is not possible though is for you to acquire a tenancy while your landlord is away and then change back again to a lodger status when he returns.
If you acquire a tenancy then that will be permanent. And will include the right (if and only if, you acquire a tenancy) to refuse to let him back in again.