Lodger

Your entitlement to use a LODGER AGREEMENT all comes down to whether the Tenant is living in the Landlord's (PPR) Principal Private Residence and you are letting part of a property to a Tenant and live there. Sharing common areas such as the kitchen and bathroom etc, then the Tenant, by law, is a lodger.
  • If you are satisfied they are a Lodger use the PIMS Lodger Agreement £5
  • If you just wish to rent separate rooms and are not living in the property click here.
  • If your residence address is different to the rented property, then you may need an AST

Important notes taking a Lodger:

  • You will still need a Gas Safety Certificate if you have a Lodger living with you.
  • If you rent to at least three lodgers and the property is three or more floors, you may find that you will require a property licence. See HMO Licence
  • The Deposit may be retained by you and DOES NOT need to be protected in a deposit scheme for it is exempt (provided a Lodger)
  • Issuing an AST by mistake - Extreme Caution: If, by any chance, instead of issuing a licence/lodger agreement to the person you gave them an (AST)Assured Shorthold Tenancy, then they will automatically be protected under the Housing Acts. If you issued an AST by mistake you could only replace with a Lodger agreement -provided, at ALL TIMES you were also resident and the premises were YOUR only dwelling. If you have created this situation, then call the Helpline, for if you evict the person as though a Lodger you could be arrested for Unlawful Eviction and become involved in a situation that could have been easily avoided. One cannot replace a Tenancy with something less favourable; because it suits a change in your circumstances, it is unlawful.

Is it your Principal Private Residence

These are considered when determining where you reside as your Principal Private Residence.  (If you can say yes to two, then considered your Residence (provided not contrived)
  • Which address are your Bank accounts registered to and where is the Bank's correspondence received (the same address as letting to Lodger)?
  • Which address is featured on the Landlord's driving licence?
  • Where does the Landlord spend the majority of their time?
  • Where is the Landlord registered to vote?

Where NOT a Lodger

  • Self contained Tenants that share a property with the Landlord, that has been split into self contained flats, who live in separate apartments, are not classed as Lodgers and if the Tenants do not live in the same property as their Landlord, then in both cases an AST(Assured Shorthold Tenancy), should be used (see What is an AST?)
  • If you just wish to rent separate rooms and are not living in the property click here.
  • If your residence address is different to the rented property, then you may need an AST

Rent a Room Scheme

If you let furnished rooms in your home, you can receive up to £4,250 a year tax-free. Rent a Room applies only to owner occupiers and tenants who receive rent from letting furnished accommodation in their only or main home.
  • If you don't normally receive a tax return and your receipts are below the tax-free thresholds for the scheme, the tax exemption is automatic so you don't need to do anything
  • If you wish to opt in and your receipts are above the tax-free threshold, you must tell your Tax Office - you can do this by completing a tax return and claiming the allowance see Inland Revenue help sheet

Document to Help You