Your lodger's tenancy type

The way you share your home with a lodger affects what kind of tenancy they have. This in turn affects their rights and how you can end the tenancy.

Your lodger is an excluded occupier

Your lodger is likely to be an excluded occupier if:

  • they live in your home
  • you or a member of your family share a kitchen, bathroom or living room with them

In this case, you only have to give them reasonable notice to end the letting - and you won’t have to go to court to evict them.

Your lodger has basic protection

Your lodger is likely to be an occupier with basic protection if:

  • they live in your home
  • they don’t share any living space with you or your family

If your lodger won’t leave when you ask them, you’ll need to get a court order to evict them.

The charity Shelter has advice on excluded occupiers and occupiers with basic protection.

The length of the let

A tenancy or a licence can be either:

  • periodic - run indefinitely from 1 rent period to the next
  • fixed term - last a set number of weeks, months or years

If you don’t agree the length of a let, it will automatically become a periodic let.

Licences can be open-ended for informal arrangements, like allowing a friend to stay on an as-and-when basis.