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.