Living as a lodger

You’d be classed as a lodger if both of the following apply:

• you live with your landlord and share ‘living space’ with them – like a kitchen, living room or bathroom
• your landlord was already living there as their main home when you moved in.

The rules are different if you live in an annexe, and don’t share any living space with your landlord. Call our Helpline on 0800 319 6789 to speak to an adviser. 

If you’re sharing a living space with a friend or family, you’re still classed as a lodger. They’re your landlord, even if you don’t have a formal contract with them. You might have a written agreement about living there, but you don’t need one.

It also doesn’t matter whether you pay rent or not – or pay for things like bills, meals or cleaning. 

If you are a lodger, you’ll usually have your own room. But you might live somewhere else in the property instead, like in the living room.

You may be thinking about moving in with someone who cares for you. Call our Helpline to speak to an adviser about how this might affect you – 0800 319 6789.

If you’re over State Pension age, you might be able to claim Housing Benefit to help with your rent. If you haven’t reached State Pension age, you could apply for Universal Credit instead.

If you live with close family members, you can’t claim these benefits, even if you pay rent. You can’t claim these benefits if you live with:

• your children, stepchildren or children-in-law
• your parents, stepparents or parents-in-law
• your brothers or sisters
• your half brothers or sisters
• the partner of any of the above family members.

If you live with any other family member, you might be able to claim. Call our Helpline on 0800 319 6789 for a free benefits check.

If you’re living with your landlord temporarily – sometimes called ‘sofa surfing’ – you might be able to get extra help from your council. You could qualify for homelessness support. Our webpage Help from the council if you’re homeless has more information.

You can also apply for support from your council if you live with your family or friend, and they ask you to move out. 

Can my landlord come into my room?

If you have a room or private space in your home, you have the right to live in it without being disturbed. The person acting as your landlord shouldn’t go in your room without permission.

But they can go into your room if, for example:

• you agreed they’ll do things for you - like cleaning
• they need to do repairs
• there’s an emergency - like a leak in the room.

You can put a lock on your room door to stop your landlord from entering. But it’s important that you don’t damage the door or frame. You’ll need to leave them in the same condition when you move out.

Can my landlord increase my rent?

You should agree the amount of rent you’ll pay with your landlord before you move in. 

If you pay your rent weekly, your landlord must give you a rent book. This should tell you the name and address of your landlord, and details about your agreement.

If you have a fixed term agreement, your landlord can’t increase your rent unless either:

• you agree to it, or
• your agreement says how and when it can be increased.

If you have a rolling agreement, your landlord can increase your rent at any time. 

Your landlord might ask you to leave if you do not agree to an increase. Call our Helpline on 0800 319 6789 if you are worried this might happen.

Do I have to pay a deposit?

The maximum deposit amount your landlord can ask is usually five weeks of rent. You’ll usually get the money back when you move out. Your landlord doesn’t have to put your deposit in a protection scheme.

You may not get your whole deposit back if your landlord makes deductions. They should tell you why they’re making deductions. It could be for: 

• unpaid rent and bills
• cleaning, gardening or decorating
• damage to the home or missing items
• you leaving early or breaking your agreement.

It’s a good idea to ask for an inventory of your room, and any shared spaces. This might help avoid disagreements later. 

If your landlord does not give you any of your deposit back, you may have to apply for it through a court order. Call our Helpline on 0800 319 6789 to speak with an adviser.

Can my landlord evict me?

This depends on what kind of lodger you are.

If you live in someone’s home and share a kitchen, bathroom or living room with them, you are an excluded occupier. This means that if your landlord wants to evict you, they only need to give you ‘reasonable notice’. This usually is the length of the rental payment period. For example, if you pay your rent weekly, your landlord would only need to give you one week’s notice. If you’ve lived there a long time, the ‘reasonable notice’ might be longer. The notice doesn’t have to be in writing.

You might be able to ask your landlord for more time whilst you look for somewhere else to live. It’s worth telling them if you’re waiting for something – for example, help from the council, or for a home to become available.

If you live in someone’s home but don’t share any living spaces with them, you are likely to have basic protection. Your landlord will have to get a court order to evict you.

If you are worried about being evicted, call our Helpline on 0800 319 6789 to talk to an adviser.

Living with other people can bring lots of good things – like companionship or help with chores – or be more affordable. 

However, sharing your living space can also be difficult emotionally. For example, you might miss having more space, or disagree with how certain things are done in the house. 

If living as a lodger is affecting your emotions and mental health, you can get help. For example:

• we have information about managing your mental health, including specific information about depression, anxiety, hoarding, and alcohol and drug misuse
• some local Mind branches offer support with housing – you can find your nearest Mind at mind.org
• if you are part of the LGBTQ+ community, Stonewall Housing can give you specialist housing advice.