Lodger agreement vs tenancy agreement: which one do you need?
Getting this wrong is expensive in both directions. Give a genuine tenant a "lodger agreement" and you have an unprotected deposit and an unlawful eviction risk; give a lodger a full tenancy agreement and you have granted rights the law never required. The difference is not the document's title – it is the living arrangement.
The test: do you live there too?
A lodger rents a room in the home the landlord actually lives in, sharing living space (kitchen, bathroom, living room) with them. In law they are usually an excluded occupier with a licence, not a tenancy. A tenant has exclusive possession of a self-contained property (or a room where the landlord does not live in the building). Renting out your old flat, an annexe with its own entrance, or a room in a house you don't live in creates a tenancy – whatever the paperwork says.
Why the difference matters – especially since May 2026
| Lodger (excluded occupier) | Tenant (assured periodic tenancy) | |
|---|---|---|
| Renters' Rights Act | Does not apply | Applies in full |
| Deposit protection | Not required | Mandatory within 30 days |
| Ending the arrangement | Reasonable notice (often one rent period); no court order needed | Section 8 ground + court order only |
| Rent increases | By agreement / notice per the licence | Section 13 notice only, once a year |
| Written information duty | No statutory duty | Required before signing, penalties up to £7,000 |
The gap between the two regimes is now enormous – which is why the classification, not the label, is what a court checks first.
The trap in the middle
Live-in landlords who move out change the analysis: a lodger can become a tenant when the landlord stops living there. Equally, calling someone a lodger while renting them a self-contained annexe fools nobody. When in doubt, treat the arrangement as the tenancy it probably is.
If your renter IS a genuine lodger, our lodger agreement pack is built for exactly that arrangement.
If what you actually have is a tenant
Then you need a Renters' Rights Act-compliant assured periodic tenancy agreement – which is exactly what our generator produces, customised to your letting, in about ten minutes.
Create your compliant agreement in 10 minutes
Answer a short questionnaire. Get a Renters' Rights Act-compliant periodic tenancy agreement, written tenancy information, and a landlord compliance checklist, customised to your tenancy.
Start my agreement →Frequently asked questions
What is the difference between a lodger and a tenant?
A lodger shares a resident landlord's home and holds a licence without exclusive possession; a tenant has exclusive possession of a dwelling and full statutory protection under the Renters' Rights Act.
Does the Renters' Rights Act apply to lodgers?
No. Lodgers sharing living accommodation with a resident landlord are excluded occupiers outside the Act, which is the main legal advantage of taking a lodger.
Can a lodger become a tenant by accident?
Yes. If the landlord moves out, or the occupier gains exclusive possession, the arrangement can become a tenancy with full tenant rights, whatever the document is called.