Lodger Agreement

A lodger agreement is a residential tenancy agreement that sets out the terms that a lodger can occupy the property.

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Table of Contents

For use in England and Wales only.

Create a professional lodger’s tenancy and ensure you take back possession when you need with our lodger agreement. This excluded tenancy agreement covers all the critical issues of a lodger’s tenancy and is compliant with the tenant fees ban. Ensure you are protected and earning with this lodger agreement.

Lodger agreement? What is it?

It is a residential tenancy agreement.

Our lodger agreement details the terms that a lodger can occupy the property. When should I use a lodger agreement?

When should I use your lodger agreement:

  • if you are renting out a room at your property
  • if you will be living at the property while it is rented
  • if the property being rented is your primary home
  • if the property is in England or Wales

What is covered in your lodger agreement?

Our lodger agreement covers:

  • how much the rent payments are
  • what security deposits are required
  • what the lodger’s responsibilities and rights are to the common areas
  • what the Landlord’s obligations are
  • what the lodger’s rights are at the property
  • when and how to end the agreement
  • the legal requirements under the Tenant Fee Act 2019

When do I need a lodger agreement?

If you are renting out a room to a lodger and you are an owner or tenant living in a furnished house or flat in England and Wales, you should use our lodger agreement. If you are a tenant yourself and are renting the property and you have a lease, you should ensure you are permitted to rent the room to a lodger by checking your lease terms in your agreement prior to completing this lodger agreement.

Is there a limit to how many lodgers can live with the owner?

Yes, you cannot have more than two lodgers (who are unrelated) living with you at the property. If you have more than two lodgers in your house, your property may become classified as a House of Multiple Occupation (HMO), and you may have to comply with local regulations. This could include applying for a licence. Note there are fines for not complying if you fall into this category.

What is the duration of the lodger agreement?

The agreement will run for any length that both parties agree. Usually, the term is fixed between six and twelve months. At the end of the period, the lodger should leave the property in good condition taking all their possessions with them.

Is the lodger required to pay a deposit?

A deposit is not usually required as the lodger typically only occupies a room for a short period. But, you can take a deposit of one months’ rent to cover any damages to the property or it’s contents. This deposit should be returned to the lodger when they leave without deduction provided there is no damage or outstanding rent. There are no legal requirements to place the deposit in a government-approved deposit scheme as with an Assured Shorthold Tenancy.

What restrictions are placed on the lodger in your lodger agreement?

Our lodger agreement outlines the rights and responsibilities of the lodger at the property. The lodger cannot allow others to stay in the room, cannot keep any pets in the room unless agreed by both parties, and not to cause a nuisance. The lodger does not enjoy exclusive possession of the room, and therefore you have the right to go into the room to check the condition at reasonable times.

Does this lodger agreement include an early termination clause?

You can include an optional clause in our lodger agreement to allow either party to end the contract by serving notice on the other. The notice period should be decided by both parties and can be in months or weeks, but we recommend one week so that the agreement can be ended speedily if there are problems between both of you.

What protection do lodgers have from eviction?

Lodgers are not tenants and do not have protection from eviction. If you give a lodger notice and they do not move out, they are trespassing. You can terminate the agreement without going to the courts.

What rent is payable by the lodger?

The rent set should be the market rent set by other similar properties renting in the area and should be paid weekly or monthly. If two or more rent payments fall due at any time during the agreement, the agreement ends automatically. Our tenancy agreement for a house assumes that the rent payable does not include utility outgoings like water, electricity and gas and that the lodger is responsible for paying a proportion of these costs. Council tax should be included in the rent as it is the Landlords obligation to pay council tax for the property.

Do I have to give services to the lodger?

You can provide the lodger with additional services such as delivering meals or cleaning the room.

What is an inventory of fixtures and fittings?

An inventory details all of the items left in the property for use by the lodger and their condition. This is usually arranged by the Landlord and agreed to by both parties, and is highly recommended. All of the items in the inventory should be left in the same condition at the end when the lodger vacates. If they are not, the cost of any repairs will be deducted from the security deposit held by the Landlord.

Does this document cover the new ban on tenant fees?

Yes. This document is compliant with the Tenant Fees Act of 2019. It excludes fees prohibited under the Act.

Lodger agreement is also known as

Resident landlord agreement.

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