Lodger Agreement

This document is a simple lodger agreement which creates a licence for a lodger to occupy a room (or rooms) within a residential property*. It is different to a tenancy agreement in that it does not create the same rights for a lodger as a tenant would have under a tenancy.

This document is designed for use in England only. We have an equivalent document for use in Scotland. We are currently in the process of creating documents for use in Northern Ireland and Wales.

This document is designed for use in residential properties. A different agreement should be used if the parties seek a licence to permit the licensee to use the property for commercial (business) purposes.

The document can be used where a lodger is to be given the use of a room in a property, but will not be given exclusive possession, and will share common parts of the property with the owner and/or other persons. In particular, the owner should retain access to the property and the room.

Moreover, it should be noted that if the lodger is not to be sharing any common parts of the property, they may acquire some rights, as either a tenant or person in excluded possession, which may require a court order prior to eviction if the lodger does not wish to vacate.

How this document should be used

Both the property owner and the prospective lodger should read the document carefully before signing it. If both parties are then happy with the document, it should be signed and dated. Each party should retain a copy which has the signature of both parties on it.

The owner will either attach a schedule of condition to the agreement, or provide a copy of this separately.

Applicable law

The case of Street v Mountford (1985) 17 HLR 402, HL examined the distinction between a licence and a tenancy. General guidance about this distinction is available on the Shelter website.

The following legal provisions are also relevant:

• The Housing Act 1988
• The Housing Act 2004
• The Tenant Fees Act 2019
• The Protection from Eviction Act 1977
• The Law of Property Act 1925
• The Landlord and Tenant Act 1985

A property owner should also consider safety/legal requirements relating to:

• Gas safety requirements
• 'Right to rent' requirements
• Fire safety and safety alarms.

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.