Check your rights as a lodger

This advice applies to England. See advice for See advice for Northern Ireland, See advice for Scotland, See advice for Wales

You’re a lodger if you live with your landlord and you either:

  • share ‘living space’ with them - for example a kitchen, living room or bathroom

  • don’t share living space with them but share other spaces like corridors or stairs - for example if you live in your landlord's converted garage

You’ll usually have your own room - you might live somewhere else in the property instead, like in the living room.

You might live there for free or pay rent. Your rent could include things like bills, meals or cleaning.

You’re a lodger even if you live with a friend or family member - for example your parents or partner. They’re your landlord even if you don’t have an official agreement with them.

Your landlord might have given you a written agreement when you moved in, but they don’t have to.

As a lodger, you don't have many legal rights.

You can check what your rights are if:

  • you need to claim benefits or get homeless help

  • your landlord enters your room

  • you paid a deposit

  • your rent increases

If you’ve been told to move out of the property, you can check your rights if you’re being evicted as a lodger.

Check what benefits you can get

You might be able to get some or all your rent paid by claiming the housing element of Universal Credit or Housing Benefit.

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 parents, stepparents or parents-in-law

  • your children, stepchildren or children-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 the housing element of Universal Credit or Housing Benefit.

If you can’t claim these benefits, you might still be able to claim Universal Credit to cover other costs. Check if you can get Universal Credit.

Check if you can get Housing Benefit

You might be able to claim Housing Benefit if you’re on a low income or you already claim certain other benefits.

Most people can’t make a new claim for Housing Benefit.

You can claim Housing Benefit if you’ve reached State Pension age. You can check your State Pension age on GOV.UK.

If you live with a partner, they also need to have reached State Pension age for you to make a claim.

Check if you can claim Housing Benefit on GOV.UK.

If you can’t make a new claim for Housing Benefit, you might be able to apply for the housing element of Universal Credit instead. Check if you can get Universal Credit.

If you’re already getting Housing Benefit

If your rent changes, you might be able to claim more money. You need to tell your local council about your new rent.

If you move to a different property, you might continue receiving Housing Benefit if either:

If you’re not sure whether you can claim Housing Benefit or continue to claim it, talk to an adviser.

Check if you can apply for homeless help

You can apply to your council for a place to live if you’re homeless or you’II become homeless within 8 weeks. For example if your friend asked you to move out and you have nowhere else to stay.

You can apply for homeless help even if you live with your family and they’ve asked you to move out.

Check if you can apply for homeless help.

Your landlord’s right to enter your room

Your landlord shouldn’t go into your room without your permission. 

Your landlord can enter your room without your permission if for example:

  • you agreed they’ll do things for you - like cleaning your room

  • they need to do repairs

  • there’s an emergency - like a leak in the room

If your landlord is harassing you

You have the right to enjoy your room peacefully no matter what type of agreement you made with your landlord.

If your landlord comes into your room and they’re not supposed to, this is harassment.

Harassment is when someone creates an atmosphere that makes you feel uncomfortable. This could be because you feel offended, intimidated or humiliated.

Important

If you’re in danger because of your landlord

Call 999 to report them to the police.

If you don’t feel safe but it’s not an emergency, call 101.

You can put a lock on your room door to stop your landlord from entering. Make sure you won’t damage the door - you’ll need to leave it in the same condition when you move out.

If the problem is serious, you can apply for a court order against your landlord. If you do this, they might ask you to move out.

Check what you can do if someone’s harassed you in housing.

Paying a deposit

You might need to pay a deposit before you can move in. This money is used in case there’s a problem during your stay - for example if your landlord needs to pay for any damages you might cause.

The maximum deposit amount your landlord can ask is usually 5 weeks worth of rent. You’lI usually get the money back when you move out.

Rent increases

If your agreement has an end date, you'll have a fixed-term agreement.

If you’re on a fixed-term agreement, your landlord can increase your rent only if there’s a clause that allows it. This is called the ‘rent review clause’.

If you’re not on a fixed-term agreement, your landlord can increase your rent whenever they want. 

If you don’t agree with the increase, talk to your landlord to try to reach an agreement.

If you can’t reach an agreement, your landlord might evict you.

It’s a good idea to look at how much similar rooms cost in your area. If you think you could find somewhere cheaper, you might choose to move out.

If you get benefits

You must report any changes in your rent payments. How to report a change depends on what type of benefits you’re getting.

If you get Housing Benefit

You need to tell your local council about your new rent.

You might not be entitled to more money even if your rent increases. 

If your current benefits payment only covers a part of your rent and you’re paying the rest yourself, it’s unlikely you’ll get more if your rent increases.

If your benefits payment already covers your full rent, you might get more money to cover the increase.

If you need help paying your rent

You can check what you can do if you’re struggling to pay your rent.

You can also get help with the cost of living.

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Page last reviewed on 27 September 2019