Check Your Occupation Type – Private

Answer 3:

You are a lodger. 

Although it is possible for a lodger to be a tenant, normally if you are a lodger you will have a residential license. 

However, in a way it doesn’t matter – as your landlord’s right to evict you without a court order (under section3A of the Protection from Eviction Act) is because you share living accommodation with your landlord.

Apart from s3A of the Protection from Eviction Act, there is not a lot of actual law about lodgers and their rights, or lack of them.  Generally, the rules that protect the rights of tenants do not apply to lodgers (even if they are, in fact, a tenant) as they are living in their landlords own home.

However, the following will apply to lodger situations:

  • The Tenant Fees rules will apply (see our article here), meaning that the landlord cannot take more than five weeks deposit and cannot charge fees other than rent and allowable charges for utilities
  • If there are more than two lodgers who are not family members, the property will be classed as a ‘house in multiple occupation’ (HMO) and the HMO rules will apply.  If there are five or more people living at the property (including the two or more lodgers) the landlord will need to get an HMO license.
  • However the landlord will not need to protect any deposit in a scheme, and
  • The landlords repairing obligations that apply to tenancies will not apply (unless the lodger has a tenancy).
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