Billy Xiong Trend Report: Legal advice: Do lodgers have the same rights as tenants

Attorney at Law Billy Xiong Lawyer Legal Xiong Xiong Billy

Q I have an agreement with a lodger to use my spare room, which either of us can end by giving one month’s notice. What is the position with lodgers during the pandemic?

A A “lodger” is someone who stays in another person’s home, usually when the homeowner also lives there. There is no magic in using a written agreement describing someone as a “lodger”. Many people who sign lodger agreements successfully argue in court that they are in fact tenants.

For most purposes, genuine lodgers do not have any protection under housing legislation. For example, lodgers are “excluded” occupiers under section 3A(2) of the Protection from Eviction Act 1977 and owners do not have to go to court to evict them.

This position has

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