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Last revision: 05/03/2024
Available formats: Word and PDF
Size: 5 to 7 pages
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Fill out the templateThis 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:
A property owner should also consider safety/legal requirements relating to:
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Other names for the document:
Lodger agreement England, Residential Licence to Occupy, Rent-a-room Agreement, Licence to Occupy a Room, Lodging Agreement
Country: United Kingdom