Getting a lodger

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

A lodger is someone who lives with you in your home. They might be a friend or family member, but they can also be someone you don’t know.

Lodgers can stay with you for free or pay you rent, and sometimes other services such as meals, cleaning or laundry. 

Lodgers don't usually have exclusive use of a room. This means you can go into their room, for example to clean it. However, you should respect their privacy and only go into their room as agreed.

Before getting a lodger you should consider:

  • the space you'll share with your lodger

  • the impact on your benefits

  • the impact on your finances

  • if you need permission

  • the condition of your home

  • how you'll find a lodger

  • the agreement you'll make with your lodger

Check if they'll be a lodger

The person will only be a lodger if both of the following apply:

  • you were living in the place as your only or main home before you agree to let them live with you

  • you’ll share ‘living space’ with them - such as a kitchen, living room or bathroom

Living space doesn’t include corridors, staircases, storage areas or entrances.

If they aren't a lodger

The person’s housing status depends on whether you own or rent your home.

If you rent your home, you’ll be subletting to them. Check the rules about subletting if you rent your home.

If you own your home, you should get legal help.

Check how a lodger could affect your benefits

Getting a lodger might affect your benefits. It depends on which benefits you get.

If you get Universal Credit

How your Universal Credit is affected depends on whether your lodger is a family member.

If your lodger is a family member

Your Universal Credit payments might change. This will depend on you and your lodger’s circumstances. 

If your lodger is a family member, you and your family member can talk to an adviser.

If your lodger isn't a family member

If you get a lodger who isn't a member of your family, this won't affect the amount of Universal Credit you get. 

Any rent you receive from your lodger isn’t treated as income, so it won’t change how much Universal Credit you get.

If you rent from the council or a housing association and have a spare room, you might already be getting less Universal Credit. This is called a ‘size criteria reduction’ and is often known as ‘bedroom tax’. Getting a lodger won’t change this. Your lodger's room will still be calculated as spare and you’ll still be affected by the reduction.

Example

Rupa lives on her own in a 2-bed housing association flat at a rent of £100 a week. Rupa gets permission to have a lodger from her landlord. She charges her lodger £40 a week for her spare bedroom.

The size criteria reduction for the extra bedroom means that a 14% reduction is applied to the ‘housing costs’ part of Rupa's Universal Credit. This is a reduction of £14. Rupa can use the weekly lodger's income to cover the £14 shortfall.

If you get Housing Benefit

How your Housing Benefit is affected depends on whether your lodger is a family member and whether you rent from the council or a housing association.

If your lodger isn't a family member

You can charge your lodger £20 a week without it affecting your benefits. Anything you charge over £20 a week will be counted as income and it will affect your benefits. If you give your lodger meals as part of their rent, only 50% of what you charge over £20 a week will be counted as income.

Example

John charges his lodger £30 a week, which doesn't include meals. Only £10 of this will be treated as income when the Department for Work and Pensions (DWP) works out how much Housing Benefit John would be entitled to each week.

If your lodger is a family member

Your Housing Benefit might be reduced. The amount depends on your relative's income. It might not be reduced if you or your relative claim certain benefits.

If you're thinking about renting a room to a family member, you and your family member can talk to an adviser to see how this could affect you.

If you rent from the council or a housing association

If you rent from the council or a housing association, your Housing Benefit might be reduced if you have 1 or more spare bedrooms. This is called a 'size criteria reduction’ and is often known as ‘bedroom tax’. When you get a lodger, the room will stop being spare and your Housing Benefit won't be affected by the size criteria reduction.

You can check how the size criteria reduction affects you.

If you get any other benefits or tax credits

Income from a lodger might affect how much you get. Talk to an adviser who can do a 'better-off calculation' for you. They can work out if you might end up losing more money from your benefits than you'd get in rent from your lodger.

Check how a lodger will affect your finances

Getting a lodger might have an impact on your personal finances. You should consider how your tax and insurance might change.

Council tax

If you live alone and want to get a lodger, you’ll lose the 25% single person discount on your council tax. There are some exceptions, for example if the lodger is a full-time student. You can check if you’ll still get council tax discount.

Income tax

Any rent you get is usually taxable income. However, you might not have to pay income tax on the rent you get from your lodger. This is called the 'Rent a Room Scheme'.

You can check the rules for the Rent a Room Scheme on GOV.UK.

Contents insurance

If you have home contents insurance, you should tell your insurer that you're getting a lodger. The insurer might increase your premium, but it's still important to tell them. If you don't, your insurance policy might not be valid - this means your belongings won't be protected.

Check if you need permission

You should check if you have a legal right to get a lodger. It will depend on whether you rent or own your home.

If you rent your home

Check if your tenancy agreement or contract says you need:

  • your landlord's permission before you can get a lodger

  • to tell your landlord about changes in your household - this could include getting a lodger

In most cases, your tenancy agreement or contract will say you need your landlord's permission before you can get a lodger. If you need permission and you don’t get it, you might be at risk of eviction.

Even if the agreement doesn't say anything about lodgers, it's best to get permission.

In some situations you don’t need permission from your landlord to have a lodger. This is if:

  • you have a secure occupation contract

  • you rent privately and have a protected or regulated tenancy that started before 15 January 1989 - unless there’s a condition in your tenancy agreement that says you can’t

If you have a standard occupation contract, your written statement might say you need your landlord’s permission to get a lodger. 

Your landlord can refuse if they give you a reasonable excuse. For example, your landlord might say you can’t have a lodger because they want to avoid:

  • overcrowding at the property

  • someone living in the property who isn't supposed to - for example, a young person in a housing scheme for people over 55

  • antisocial behaviour - if there have been any current or previous allegations of antisocial behaviour

If you own your home

Check your mortgage contract. It will usually say you need your lender's permission before renting out all or part of the property. 

If you're a leaseholder, or live in a shared ownership property, you should check your lease agreement to see if there are any terms about getting a lodger. You might need to get the freeholder or landlord's agreement first.

Check the condition of your home

You must make sure your home is safe and secure, and that your lodger won’t be injured because of the condition of your home. This includes checking the fire safety of your home - for example making sure there’s a working fire alarm fitted on each floor.

You can get a free home safety check from your local fire and rescue service on the Welsh government website.

You also have to follow gas safety regulations if you have a lodger. This means your gas appliances must be checked every year by an engineer who is registered with Gas Safe.

Check if you need to register with the council

If multiple people will be living in your home that aren’t part of the same family, you might be a ‘house in multiple occupation’ (HMO). 

This is when there are at least 3 occupiers in 2 or more ‘households’ sharing a property. A household is classed as a single person, couple or family who live together.

If you own your home, you don’t usually have to count any family members who live with you. This might mean you can have a single lodger without becoming an HMO - even if there are 3 or more people living there.

You’ll still have to count your own family members if you own your home with a lease that’s less than 21 years in total.

Example

Amar lives with their 2 children. Amar owns the home, so their children don’t count towards the 3 occupiers for an HMO. Only Amar counts.

They get a lodger called Jess. 2 people now count as occupiers for an HMO: Amar and Jess.

This means the home isn’t an HMO.

What to do if your house is an HMO

You’ll have extra legal responsibilities - including making sure gas and electrical equipment is safe and regularly checked.

You might have to get an HMO licence from your council or local authority - this depends on the amount of people in your property and council rules.

This applies if you rent or own your home. 

You can check HMO safety and licensing requirements.

Applying for an HMO licence if you rent privately

If getting a lodger turns your rented property into an HMO, your landlord will need to apply for an HMO licence. Your landlord might not want to do this - because the licence costs money and they might need to make changes to the property before they can get the licence.

Finding a lodger

You might be able to find a lodger by:

  • checking online or newspaper adverts from people who are looking for a room - or your could place an advert yourself

  • asking your friends or neighbours if they know someone who might be interested

  • asking your landlord if they have a scheme that can help you find a lodger - if you’re a social housing tenant

Forming an agreement with your lodger

It’s a good idea to make an agreement with your lodger. You can make a verbal agreement, but it's best if you and your lodger sign a written one. This is so the rights and responsibilities for each of you are clearly set out.

In your agreement you should include:

  • the cost of rent and any meals or services included - and how often this should be paid

  • the size of the lodger’s deposit - if there is one

  • a list of the furniture included in the lodger’s room

  • how often they'll pay rent - for example, monthly

If you don’t know when your lodger will move out, you should also include the length of the notice period if either of you want to end your agreement. This will usually be the same as how often your lodger is due to pay rent. For example, if the rent is due monthly, you could include a 1 month notice period.

If your lodger is staying with you for a fixed amount of time, you should also consider if you want to include:

  • a ‘break clause’ - this lets you or your lodger end your agreement early for any reason

  • an extra clause allowing you to give notice if your lodger breaks any terms in your agreement

If you add a break clause, you should also say how long the notice period will be, for example 1 month.

You can check how to end your agreement with your lodger.

Even if you don’t have a written agreement with your lodger, you’ll still be their landlord. This includes if your lodger is a friend or family member.

Your lodger will still have certain rights. This includes the right to live in the property as their home and share living space with you. You can check the rights of lodgers.

You can choose to enter into an occupation contract with your lodger. This will give them additional rights. 

If you decide to do this you will be legally required to give them a written statement.

You can check what to include in a written statement on the Welsh government website.

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Page last reviewed on 26 September 2019