Lodger Agreement Checklist for England: What to Include

If you are taking in a lodger or moving in as one, having a clear and comprehensive agreement is essential. In England, a well-written lodger agreement helps set expectations, protect your rights, and outline responsibilities for both you and the resident landlord. This guide will explain in plain language what you must include in a lodger agreement, referencing up-to-date official government sources and legislation.

Essentials for Every Lodger Agreement

Although there is no single official form for a lodger agreement, there are key elements that should always be included to ensure each party is legally protected. A lodger agreement is a type of licence, not a tenancy, as the lodger typically shares living space with the landlord.

• Names and addresses of both parties: Full information for the landlord and lodger.
• Start date of the agreement: When the arrangement begins.
• Amount of rent: How much is due, how often, and how it should be paid (e.g., monthly, weekly; by cash or bank transfer).
• Deposit details: Amount, purpose (for example, to cover damages), and return arrangements. (Note: Deposits from lodgers do not need to be protected in a government scheme, unlike assured shorthold tenancies.)
• Notice periods: How much notice either party must give to end the agreement. There is no statutory minimum in England, but a written period is recommended—often at least 28 days.
• Which rooms and facilities the lodger can use: For example, kitchen, bathroom, and any shared or private spaces.
• House rules: Such as visitors, smoking, noise, or pets.
• Responsibilities: Who is responsible for cleaning or maintenance of shared spaces, paying bills (e.g., council tax, utilities), and repairs. The Landlord and Tenant Act 1985 usually makes the landlord responsible for most repairs.¹
• Additional conditions: Any other arrangements you both agree on (for example, internet usage, parking, or bike storage).

Including all of these in writing helps prevent disputes and provides clarity if problems arise.

When to Use a Lodger Agreement

A lodger agreement applies when you rent a room in the landlord’s main home and share spaces with them. The agreement sets out the terms without making the lodger a tenant. If you and the landlord have exclusive use of separate parts of the property (with no shared spaces), you may need a tenancy agreement instead. The official government guide to taking in a lodger provides more detail on this distinction.

Useful Official Forms and Example

• Lodger Agreement Template (no official form): The government does not provide a standard lodger agreement, but you can find plain English templates from trusted sources such as GOV.UK. Simply set out the details as listed above in a document both parties sign.
• Rent Book: While not mandatory, keeping a record of rent payments is good practice. You can find a rent book template on the government’s private renting page.

For example, if you agree on monthly rent payments, you could include a simple table tracking each payment’s amount, date, and any notes (such as method of payment).

Notice and Ending the Agreement

Lodgers are not protected by the same eviction rules as tenants. In most cases, if you are a lodger and live with your landlord, you only need to be given 'reasonable notice', usually the notice period written in your agreement. If there is no agreement, 28 days is generally considered fair. For more, the government’s official advice on ending a lodger agreement is recommended reading.

Key Legal Differences: Lodger vs. Tenant

Understanding your rights is easier when you know your legal status. Lodgers do not fall under the same legal protections as tenants with an assured shorthold tenancy (AST). Your right to stay in the property and the landlord’s obligations may differ. Lodgers are typically not entitled to protection from eviction under the Protection from Eviction Act 1977, but landlords should still provide a reasonable notice period.²

What Happens if There’s a Dispute?

If you disagree with your landlord or lodger about the terms or ending the agreement, try to resolve it informally first. If this doesn’t work, mediation services are available. Serious disputes involving possession or eviction can be escalated to the First-tier Tribunal (Property Chamber) for England, which oversees residential property issues, including rent and some housing disputes.³ You can learn how to apply or respond to cases using guidance on the tribunal’s site.

Quick Action Steps for Renters

• Ensure your agreement includes the details listed above.
• Both parties should sign and keep a copy of the agreement.
• Discuss and agree how you would end the arrangement if needed, and set out any notice periods or refund terms in writing.

A written agreement protects you and keeps things fair. If you are confused about your status, use the government’s tenancy agreements advice to check your rights.

FAQs: Lodger Agreements in England

1. Do lodger agreements need to be in writing?
   It's strongly recommended to have a written lodger agreement, even if it's not legally required. This helps prevent misunderstandings and makes each party’s rights clear.
2. Does a lodger’s deposit need to be protected?
   Deposits taken from lodgers do not have to be registered with a government deposit protection scheme. This rule only applies to tenants with assured shorthold tenancies.
3. How much notice does a lodger need to be given to leave?
   Unless agreed otherwise in writing, a lodger is usually entitled to 'reasonable notice'—typically at least 28 days. It’s best to agree on a period and state it in the agreement.
4. Who pays council tax when there's a lodger?
   The landlord remains responsible for council tax when a lodger lives in their main home. In some cases, you can agree for the lodger to contribute in the agreement, but the liability stays with the landlord.
5. Can I challenge a rent increase as a lodger?
   Unlike tenants, lodgers have limited protection against rent increases. If your rent is changed, discuss it with your landlord and refer to your agreement—otherwise, your main right is to end the agreement with proper notice if you cannot accept the new terms.

Need Help? Resources for Renters

• Official government lodger guidance
• GOV.UK private renting advice and resources
• First-tier Tribunal (Property Chamber) for England
• Shelter: Lodger advice for England

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1. Landlord and Tenant Act 1985 – Landlord repair obligations
2. Protection from Eviction Act 1977 – Lodger notice rules
3. First-tier Tribunal (Property Chamber) – Official residential property disputes body

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