Lodgers & sub-tenants' rights

You may want to get someone else to live in your home. If you have a spare room you may be considering taking in a lodger or a subtenant to help you pay your rent. You may also want to rent the whole of the property to someone else and move out. If someone else comes to live in your home it can affect your rights and your benefits.

Living with your household

You usually have the right to live in your home along with anyone else who is part of your household. This means that you can live with:

your husband or wife,
your partner,
your children,
anyone else who normally lives with you.

You can usually live with members of your household even if they are not mentioned on the tenancy agreement.

However, it may not be possible to live with your household if you share accommodation with your landlord. You will have to ask your landlord for permission.

Taking in a lodger

A lodger is someone who rents a room in your home and who may share your:

bathroom,
kitchen,
living room.

You are usually only able to take in a lodger if you rent a whole house or flat from your landlord and you have a spare room. Your tenancy agreement should tell you if you need your landlord's permission to take in a lodger. If you break your tenancy agreement your landlord may be able to evict you .

If you are claiming benefits the money you get from your lodger may affect how much money you get.

Your lodger's tenancy status

If you share facilities such as the kitchen and bathroom, your lodger will probably be a licensee. The lodger will have very few rights. You will only have to give reasonable notice before evicting your lodger. This can be less than 28 days.

Subletting

If you are a private tenant and you rent all or part of your home to someone else this is called subletting. The person who pays you rent is a subtenant. Your tenancy agreement will usually tell you if you can sublet. Most private tenants can't sublet their home.

A subtenancy can apply to anything from a single room to an entire property. Unlike a lodger a subtenant is able to stop the landlord from entering their room.

Your subtenant's legal status

If you sublet your home your subtenant will usually have the same rights as normal tenants. This means they can:

claim housing benefit to cover the rent,
occupy the accommodation without interference from other people (including you and your landlord).

Lodger and subtenant rights when a tenancy ends

Your lodger or subtenant can continue to live in the accommodation as long as your tenancy continues. Once your tenancy ends your lodger or subtenant's rights depend on:

type of tenancy you have,
what it says in your tenancy agreement,
whether your landlord agreed to the lodger or subtenant living there.

The lodger or subtenant may have rights if your landlord accepts rent directly from them. By accepting rent your landlord may be admitting that the person has a right to live in the accommodation. This is a complicated area of law. Get specialist advice from Housing Rights Service or another agency if you are in this situation.