You are a resident landlord if you let part of a property that is your only or main home. You are responsible for keeping the property safe and in good repair. Ask anyone who wants to lodge with you for references, and follow them up before you agree anything.
Lodger or tenant
How you share your home decides what kind of occupier your lodger is, and so how you end the letting. A lodger who lives in your home and shares a kitchen, bathroom or living room with you or your family is likely to be an excluded occupier. A lodger who lives in your home but does not share any living space with you is likely to have basic protection, and you need a court order to evict them.
Reasonable notice is usually the length of the rent period, so a lodger who pays monthly gets a month's notice, and it does not have to be in writing. Once the notice ends you can change the locks on the lodger's rooms, but you must give their belongings back. A tenant in a self-contained home is not a lodger, and tenancy law gives them more protection.
Gas safety
Gas safety duties apply to a room you let to a lodger, as they do to other rented accommodation.
Smoke and carbon monoxide alarms
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 do not cover a lodger who shares accommodation with you or your family. Fit working smoke and carbon monoxide alarms anyway: you are responsible for keeping the home safe.
Shared houses
A property can be a house in multiple occupation (HMO) if you let rooms to more than 2 people. A large HMO, rented to 5 or more people who form more than one household and share facilities, needs a licence from your council, and some councils license smaller HMOs too.
Right to rent
Before a lodger moves in, check their right to rent where the scheme applies.
Mortgage, lease and insurance
Letting a room can breach the terms of a mortgage, a lease, a tenancy agreement or a home insurance policy. Read each one before you take a lodger, and get written permission where it is required.
Rent, bills and deposits
You can charge what you want for rent, but agree it with your lodger first. If your lodger pays weekly, you must give them a rent book.
You stay responsible for Council Tax and can include part of it in the rent. Tell your council if having a lodger means you no longer get a single person discount. If you charge for gas and electricity, you can charge only what you paid plus VAT, or you could face civil proceedings.
As a resident landlord you do not have to protect a lodger's deposit in a government-approved scheme.
Legal basis
Primary legislation and key regulations