Your Rights as a Lodger in England: Legal Protections Explained

Tenant Rights & Responsibilities England published: June 29, 2025 Flag of England

If you're renting a room as a lodger in England, it's important to know your rights and responsibilities. Unlike standard tenants, lodgers have different legal protections, especially when living in the same property as their landlord. This guide covers your basic rights on issues like eviction, rent increases, and repairs, based on current national legislation.

Understanding Lodging Arrangements

In England, a lodger typically rents a room in their landlord's home and shares living space. As a lodger, you usually have what's called an "excluded licence" rather than a tenancy agreement. This means your rights differ from those of tenants under an assured shorthold tenancy (AST).

Lodgers have more limited protections, so understanding your legal position helps you manage issues confidently.

Your Key Rights as a Lodger

Eviction Procedures for Lodgers

One of the main differences in a lodging arrangement is how eviction works. Lodgers are not protected from eviction in the same way as tenants. If you're a lodger, your landlord can usually evict you with 'reasonable notice,' which is typically the length of your rent period (often a week or a month).

  • No court order is usually required: Your landlord can ask you to leave without going to court, unless your agreement says otherwise.
  • Notice should be clear and reasonable: Check any written agreement for specific notice periods.
  • If you refuse to leave after notice, only then might a landlord need a possession order.
  • Landlords do not need to use a Section 21 or Section 8 notice with lodgers.

If you have concerns, you can check guidance on lodgers' rights from Shelter England.

Rent, Deposits, and Increases: What Lodgers Need to Know

Unlike tenants, lodgers are not covered by the Housing Act 1988 [1]. However, you still have some basic rights:

  • Your landlord must not charge "unfair" fees — all charges should be explained in your agreement.
  • You and your landlord should agree on how your rent is paid and whether it includes bills.
  • Deposit protection schemes are not mandatory for lodgers, but you can request a receipt and written agreement.
  • Rent increases must still be fair. If there's no set process in your agreement, landlords should give notice before changing your rent.

If you're worried about unfair rent increases, you can seek advice through GOV.UK guidance on rent increases.

Repairs and Maintenance

Even though you have fewer legal protections than a tenant, your landlord is still responsible for certain repairs. Under the Landlord and Tenant Act 1985 [2], landlords must keep:

  • The structure and exterior (roof, windows, walls, doors) in good repair
  • Installations for water, gas, electricity, sanitation, heating, and hot water working safely

Lodgers should promptly report all repairs in writing. For more detailed help, see the official repairs responsibilities on GOV.UK.

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What to Do if You Face Problems as a Lodger

If you feel your rights are being breached — such as unfair eviction or your landlord entering your room without notice — you may take these steps:

  • Talk to your landlord to try and resolve issues informally first.
  • Keep records of all communications and agreements.
  • If problems continue, seek advice from your local council’s housing options service.
  • In rare cases, you can apply to the county court (see court forms) for an injunction if your rights are breached, such as being locked out illegally.

If you feel at risk of immediate homelessness, contact your local council for emergency support using the Find your local council tool.

Relevant Official Forms for Lodgers in England

  • Form N1 – Claim Form for Possession: Used by landlords if they need a possession order because a lodger refuses to leave after notice. Download Form N1 (Claim Form)
    Example: Your landlord has given you a week’s notice to leave, but you refuse. The landlord applies to the local county court using Form N1 to formally regain possession.
  • Application for an Injunction (Form N16A): Used if you need the court to stop your landlord from entering your room without consent or locking you out. Download Form N16A (Application for Injunction)
    Example: Your landlord enters your room repeatedly without permission, despite requests to stop. You can apply for an injunction using Form N16A.

Further guidance on court processes is available on the government court forms page.

Which Tribunal Handles Lodger Disputes?

Lodger disputes rarely go to a tribunal, as most issues are handled via local councils or the county court. However, if there is a legal dispute about your accommodation or unlawful eviction, you may apply to the County Court.

If you're unsure of your status, use Shelter's tool to check your housing rights.

FAQs: Lodger Rights in England

  1. What is the difference between a lodger and a tenant?
    A lodger shares accommodation with their landlord and has fewer legal rights. A tenant usually has exclusive use of at least one room, while a lodger's landlord can enter their room.
  2. How much notice must my landlord give to evict me as a lodger?
    Reasonable notice is required, usually equal to your rent period. No court order is typically needed unless you refuse to leave.
  3. Is my deposit protected as a lodger?
    No, deposit protection doesn't apply to lodgers. You should still get a written agreement and a receipt for your deposit.
  4. Can my landlord enter my room without permission?
    In most cases, yes, but it should be at reasonable times and with advance notice. If you feel harassed, contact your local council.
  5. What should I do if I face illegal eviction as a lodger?
    Contact your local council for help, and if necessary, apply to the county court for an injunction using Form N16A.

Key Takeaways for Lodgers

  • Lodgers have fewer legal protections than tenants, especially around eviction.
  • Always get written agreements and keep communication records.
  • Seek early advice from official services if problems arise.

Need Help? Resources for Renters

  1. Housing Act 1988 (legislation.gov.uk)
  2. Landlord and Tenant Act 1985 (legislation.gov.uk)

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights UK

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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