What's the difference between a lodger and a tenant?
The decision between letting to a lodger vs tenant affects the type of agreement, your eviction process, and the way you handle deposits and bills. But what is the difference between lodger and tenant? The key difference is that a lodger lives in the property with their landlord, whereas a tenant lives in a space separate from the landlord and has the right to exclusive possession of the property.
But is it better to have a lodger or a tenant? In this guide, our private rented sector experts explore the legal, tax and operational implications to help you decide whether a lodger vs tenant is right for you.
Check out our information on tenancy agreements or managing your property.
Find more information in our guidance on ending a tenancy.
What is a lodger?
A lodger is a person who rents a room in the same property that their landlord lives in as their main residence and does not have exclusive possession of their room. Rather than a tenancy agreement, a lodger will often have a licence to occupy. Where a lodger shares living accommodation with their resident landlord, they will generally be an excluded occupier, meaning they have fewer rights and protections than tenants.
What is a tenant?
A tenant is someone who rents a room or property, but does not live with their landlord. Tenants are bound by a tenancy agreement to pay rent to their landlord in exchange for exclusive possession of the property. Most private tenants with an assured periodic tenancy in England are subject to the new rules introduced by the Renters’ Rights Act 2025.
Key differences between a lodger and a tenant
The main difference between tenant and lodger is simply that a lodger will live with you as a landlord, whereas a tenant will not. Other differences are listed below.
Living arrangements
A lodger lives in your home, sharing living spaces such as kitchens, bathrooms, and living rooms, whereas a tenant lives independently in their own property. This means that if you let a garage or annex with its own kitchen, bathroom, and front door, it’s likely you have a tenant rather than a lodger.
Type of agreement (lodger agreement vs tenancy agreement)
When choosing between a lodger agreement vs tenancy agreement, it’s important to note that the agreement sets out the terms of the arrangement and clarifies your renter's rights and responsibilities. Lodgers don’t usually sign a tenancy agreement; instead, they enter a licence agreement with you as the landlord that includes details about the rent, deposits, landlord responsibilities and how to end the contract. Since the introduction of the Renters Rights Act, most tenants now sign an Assured Periodic Tenancy (APT).
Exclusive possession and privacy
A lodger who has a licence to occupy does not generally have exclusive possession of their room, meaning that in most cases you may enter for valid reasons, such as cleaning. You should always respect your lodger's privacy and give notice before entering their room. Conversely, a tenant has exclusive use of their room or property, and you must gain permission to enter their home.
Deposits and deposit protection
Landlords in England are legally required to protect their tenants' deposits in a government-approved tenancy deposit scheme, and provide them with written details (or prescribed information) within 30 days of receipt. When letting to a lodger, you’re under no legal obligation to protect your lodger's deposit.
Eviction and notice periods
To end an agreement with a lodger, you need to provide reasonable notice, similar to the length of their rental payment period.
Genuine lodgers do not have protection from eviction under the Protection from Eviction Act. This means, if they refuse to leave, you generally don’t need to go to court to evict them; instead, you can evict them 'peaceably' by changing the locks and returning their possessions.
Bills, council tax and utilities
If you’re letting to a lodger, your rent will typically include all bills and council tax for ease. Tenants will typically pay their own utilities and council tax directly, and will be named on bills.
Rent payment and rent increases
If you want to increase the rent for tenants with an APT, you must adhere to the rules in the Renters' Rights Act, including increasing rent no more than once every 12 months at market rate and giving at least two months' written notice using the prescribed section 13 notice. To put the rent up for your lodger, you must follow the terms set out in your lodger agreement.
Types of lodger agreements
Lodgers don’t usually sign a tenancy agreement, and instead enter a licence agreement that details the rent, deposits, access rights, house rules, landlord responsibilities and how to end the contract. While this can be verbal, it's best to set this in writing.
Types of tenancy (post-Renters' Rights Act)
Since the introduction of the Renters' Rights Act abolished fixed terms for new tenancies, most tenants now sign an APT. To find out more about this and other types of tenancies, check out our tenancy agreement guide.
The Rent a Room Scheme: tax implications
If you’re letting a furnished room to a lodger, you may be eligible for the government’s Rent a Room Scheme and earn up to £7,500 a year tax-free. If your lodger(s) pays you more in rent than that, you’ll need to complete a tax return.
Can a tenant have a lodger?
Your tenants can have a lodger of their own if your tenancy agreement permits, or if you provide written consent. If your tenant moves out of the property, the person they let to would generally be a subtenant rather than a lodger. When deciding whether to let your tenant take in a lodger, check that your buy-to-let mortgage and insurance providers allow it.
What happens if a lodger refuses to leave?
If your lodger is an excluded occupier and refuses to leave after their reasonable notice period expires, you can generally change the locks and return their belongings. You should never use physical force or unlawfully withhold their belongings, as these are criminal acts.
What happens if a tenant refuses to leave?
If your tenant refuses to leave, you’ll need to apply for a court order to regain possession. You can find out more about the process in our ending your tenancy guide.
How we can help you
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Lodger vs tenant FAQs
What is the main difference between a lodger and a tenant?
The key differences between a lodger and a tenant are that a tenant will have exclusive occupation of the property and protection from eviction without a court order. In contrast, a lodger will share the home with their landlord and the landlord does not require a court order to evict them.
Do lodgers have the same rights as tenants?
No, lodgers do not have the same legal rights as tenants, for example, they don’t have protection from eviction or the right to exclude the landlord from the home.
Do I need to protect a lodger's deposit?
No, legally you do not need to protect a lodger’s deposit, though it’s a good idea to keep this in a separate bank account.
How much notice do you have to give a lodger to leave?
You need to give lodgers a ‘reasonable’ notice period, typically the length of a rental payment period. For example, if your lodger pays rent monthly, a reasonable notice period would be one month.
Can a landlord enter a lodger's room without permission?
A landlord can enter a lodger’s room without permission for a valid reason, such as for cleaning or repairs, though you should still respect your lodger's privacy and the terms of the agreement.
Does the Renters' Rights Act apply to lodgers?
No, the Renters’ Rights Act does not generally apply to lodgers. It applies to assured tenancies primarily.
Can a tenant have a lodger without the landlord's permission?
If your tenancy agreement does not allow it, your tenant will generally need your permission before taking in a lodger.
Do lodgers pay council tax?
Landlords often add a portion of council tax to the rental price for ease, rather than asking lodgers to pay it directly.
How much can I earn tax-free from a lodger?
If you’re eligible for the government’s Rent a Room scheme, you could earn up to £7,500 tax-free from your lodger’s rental income.
Can I evict a lodger without going to court?
Yes, you can evict a lodger without going to court because they are excluded from the protections in the Protection from Eviction Act. You can do this by peaceably changing the locks if they do not move out by the end of their notice period.
Does a lodger need a written agreement?
No, a lodger does not need a written lodger agreement, though it’s strongly advisable to have one.
