Most tenancies in the UK are Assured Shorthold Tenancies. However, if you share a property (or part of a property) with the landlord that you will have a different type of agreement and this means you have different rights and responsibilities*.
Lodgers (Excluded occupiers)
If you live in the same home as your landlord AND share facilities such as bathrooms and/or kitchen you are likely to be a lodger or exclude occupier.
What this means for you:-
- The landlord does not have to provide a written agreement
- If they do provide a written agreement it can be for a set time OR periodic
- If you pay a deposit it will not be covered by tenancy deposit protection rules
- The landlord must still check you have a right to rent in the UK
- The landlord cannot put up the rent unless the agreement says so or you agree
- The landlord can ask you to leave by giving reasonable notice
- The landlord does not have to get a court order to evict you
- If the landlord loses their home you have to leave as well
- The landlord is responsible to keep the home in good repair
- In some cases the landlord should provide a gas safety certificate annually
Licences (Occupier with basic protection)
If you live in the same property** as your landlord BUT DO NOT share facilities, you are likely to have a licence or be a occupier with basic protection.
What this means for you:-
- The landlord does not have to provide a written agreement
- If they do provide a written agreement it can be for a set time OR periodic
- If you pay a deposit it will not be covered by tenancy deposit protection rules
- The landlord must still check you have a right to rent in the UK
- The landlord cannot put up the rent unless the agreement says so or you agree
- If you pay rent weekly the landlord must give you a rent book
- The landlord can ask you to leave by giving you a notice to quit
- If you do not leave the landlord must get a possession order from the court
- If the landlord loses their home you have to leave as well
- The landlord is responsible to keep the home in good repair
- The landlord needs to provide a gas safety certificate each year
*This guide does not include social lettings, hostels or temporary accommodation, or student hall of resident owned by Universities)
** This definition refers to converted buildings and not purpose-built blocks.
If you are unsure about the type of tenancy you have or are considering taking up you should contact CAB or Shelter or seek other legal advice.