In England, you are a lodger if you rent a room in your landlord’s own home. If you also share a kitchen, bathroom or living room with them, you are likely an excluded occupier: you can be asked to leave with reasonable notice, often one rent period, and without a court order. A tenant usually has their own home, or shares only with other tenants, and has much stronger protection.
This guide covers England first, then briefly Scotland and Wales. The rules in each nation are different.
The key test: does your landlord live there?
The main difference between a lodger and a tenant is where your landlord lives.
- Lodger: you rent a room in your landlord’s home. You may share the bathroom or kitchen with them.
- Tenant: your landlord lives somewhere else. You might rent a whole flat, or a room in a shared house where the other residents are tenants too.
GOV.UK splits lodgers in England into two groups:
| Type | When it applies | Court order to evict? |
|---|---|---|
| Excluded occupier | You live in the landlord’s home and share a kitchen, bathroom or living room with them or their family | No |
| Occupier with basic protection | You live in the landlord’s home but do not share any living space with them or their family | Yes, if you will not leave |
Shelter’s professional guidance says a tenancy granted by a resident landlord cannot be an assured tenancy. A landlord counts as resident if the property is their only or principal home.
How notice works for lodgers in England
If you are an excluded occupier, your landlord only needs to give you reasonable notice. GOV.UK says this usually means the length of the rent period. So if you pay rent monthly, a month is typical. If you pay weekly, a week is typical.
Shelter adds some detail:
- On a rolling agreement, you should get reasonable notice, and Shelter says this should be at least 7 days.
- On a fixed-term agreement, you can generally stay until the end date, unless the contract lets your landlord end it early.
- Once the notice or agreement has ended, a lodger can be evicted without a court order.
- Your landlord must still act peacefully. It is a criminal offence to harass you or to use or threaten violence.
If you are a tenant rather than a lodger, the process is very different. See our guide to notice to leave a rented home.
Deposits, rent and the Renters’ Rights Act
Deposits. In England, a resident landlord does not have to protect a lodger’s deposit in a government-approved scheme. If it is not returned when you leave, Shelter says you could try to get it back through the courts.
The Renters’ Rights Act. Since 1 May 2026, most private tenancies in England are assured periodic tenancies under the Renters’ Rights Act. Because a resident landlord’s letting cannot be an assured tenancy, those new assured tenancy rules do not cover lodgers. Your rights come from your agreement and the lodger rules above.
The Rent a Room scheme. This is a tax rule for the landlord, not a right for you. Under it, a landlord letting furnished accommodation in their only or main home can earn up to £7,500 a year tax-free. The threshold is £3,750 if the income is shared with someone else.
Worked example (fictional)
Sam rents a room in Priya’s house in Leeds. Priya lives there too, and they share the kitchen. Sam pays £600 a month.
| Item | Figure |
|---|---|
| Sam’s status | Excluded occupier (shares a kitchen with his resident landlord) |
| Rent period | Monthly |
| Typical reasonable notice | About one month |
| Rent over a year (£600 × 12) | £7,200 |
| Room left under the £7,500 Rent a Room threshold | £300 |
If Priya wants the room back, she gives Sam reasonable notice, typically a month here. She does not need a court order once it ends. She also does not have to protect his deposit. Her £7,200 of rent is under the £7,500 threshold, so it may be tax-free for her under Rent a Room.
Scotland and Wales
Scotland. Shelter Scotland says that if you have a resident landlord, you will usually have a common law tenancy, not a private residential tenancy. Your notice terms depend on your agreement. If it says nothing, you should usually give at least 28 days’ notice. Your landlord does not need to protect your deposit, but it cannot be more than two months’ rent. If the landlord moves out, the tenancy becomes a private residential tenancy.
Wales. Citizens Advice says you are a lodger if you live with your landlord and share living space, such as a kitchen, living room or bathroom. It is rare for landlords to give a lodger an occupation contract. If your landlord moves out and does not plan to return, you will probably get a standard contract.
Sharing costs in a lodger or shared home
Whether you are a lodger or one of several tenants, it helps to know your fair share. Use the rent split calculator to work out each person’s share of the rent. For household costs, see our guide to bills when renting, and if someone is leaving, read who pays the rent when a housemate moves out.
Related: Do normal renting rules apply if you rent from family? · What is an HMO?
Sources
- GOV.UK: Rent a room in your home, checked 10 October 2026
- Shelter England: Lodgers, checked 10 October 2026
- Shelter England: Tenancies that cannot be assured, checked 10 October 2026
- Shelter Scotland: Your rights if you live with your landlord, checked 10 October 2026
- Citizens Advice (Wales): Check your housing status if you rent from a private landlord, checked 10 October 2026
This guide is general information, not legal or financial advice. Report a possible error.