Lodger or tenant — which are you?
A resident landlord is an important clue, but it does not settle every right. What living space you share, the agreement and the statutory rules all matter. This guide is for England.
Living with a landlord: two different protections
GOV.UK’s lodger guidance explains that a lodger can have a tenancy or a licence. Do not assume the word “lodger” always means an excluded licence.
| Living arrangement | Possible protection | Why it matters |
|---|---|---|
| Landlord lives in the home and you share living space, such as a kitchen, bathroom or living room | Likely excluded occupation | Notice and eviction rules differ from those for basic protection |
| Landlord lives in the home but you do not share living space | Likely occupation with basic protection | A court order is needed if you do not leave after valid notice |
| Landlord lives elsewhere | An assured periodic tenancy may apply, subject to its criteria and exclusions | Check the actual arrangement before relying on assured-tenancy rights |
The resident-landlord guide explains the sharing distinction, including sharing with a landlord’s family. Give an adviser the actual facts rather than deciding status from an advert or the agreement’s heading.
If you are asked to leave
The official ending-a-letting guide distinguishes excluded occupation from basic protection. For excluded occupation, reasonable notice is generally linked to the rent-payment period. For basic protection, written notice and a court order if the occupier stays are required. The agreement and any fixed term matter too.
Do not use this summary to decide the validity of an actual notice or to change locks. Get housing advice promptly if you are being asked to leave or your landlord disputes your status. For assured periodic tenancies, see the separate notice guide.
Deposits, access and other terms
Check which deposit rules apply. A lodger arrangement does not normally have statutory tenancy-deposit protection; an assured periodic tenancy normally does. A deposit cap and protection are separate questions.
Access is not settled just by calling someone a lodger. Check the agreement and legal rights. For private tenants, GOV.UK’s rights and responsibilities guidance describes advance notice and reasonable visiting times, with an emergency exception.
For an assured periodic tenancy, use the rent-increase guide; other arrangements need their own terms checked. Council-tax liability is a separate question from what the rent includes.
Check the arrangement, not the advert label
- A landlord’s relative lives there. Explain who lives there, whose home it is and what you share. A family connection alone is not enough for this page to determine your status.
- An agent manages the house. Management arrangements do not by themselves classify the tenancy. Check the criteria and exclusions in GOV.UK’s tenancy-type guidance.
- A short stay is described as contractor accommodation. A marketing label or nightly charge does not establish a holiday let or licence. Check the purpose and actual arrangement before relying on particular rights.
In Furness
In our 2 September 2026 SpareRoom count, the live-in-landlord label appeared on 3 of 127 priced Barrow adverts, 3 of 5 Dalton adverts and 3 of 8 Ulverston adverts. These are advert labels in a one-day sample, not verification of the legal arrangements or the wider market. Our rooms are tenancies with protected deposits. How renting with us works →
Status, notice, deposit and access guidance reviewed against the linked GOV.UK sources and lodger deposit guidance, tenancy-deposit protection and required deposit information on 18 October 2026. This is general guidance, not a ruling on an individual agreement.