Lodgers and Resident Landlords: Does the Renters' Rights Act Apply?
Why a resident landlord's lodger sits outside the Act — no section 21 change, no Form 4A, no pet rule — what still governs the arrangement, and the Rent a Room tax position.
The short answer
The Renters’ Rights Act does not apply to a lodger living in the landlord’s own home. A full-text search of the Act finds no mention of “lodger” or “resident landlord”, and the government’s Information Sheet says the new rules “will not usually apply” to lodgers.
Why lodgers sit outside the Act
Assured tenancies are the Act’s subject, and Schedule 1 paragraph 10 of the Housing Act 1988 has always excluded a letting by a resident landlord — broadly, where the landlord lives in the same building as their only or principal home and it is not a purpose-built block of flats — from being assured at all. The Act amends many parts of the 1988 Act but leaves that exclusion untouched. So none of the following applies to a genuine lodger: the end of section 21, the periodic-tenancy conversion, Form 4A rent increases, the 28-day pet rule, the written statement of terms, or the 28-day rent-in-advance limit.
What still governs a lodger arrangement
| Topic | Position |
|---|---|
| Ending the arrangement | Reasonable notice under the licence or agreement; the Protection from Eviction Act 1977 excludes most resident-landlord lettings from the court-order requirement (‘excluded’ occupiers) — check the specific facts |
| Rent changes | As the agreement provides; Form 4A is not required |
| Deposit | Tenancy-deposit protection applies to assured shorthold/assured tenancies, not to a resident landlord’s lodger |
| Safety | Gas safety, electrical safety and fire precautions still apply to the home |
| Tax | Rent a Room relief: up to £7,500 a year tax-free where you let furnished space in your own home |
Where the line is
The exclusion turns on the landlord genuinely living there. Letting a whole flat in a converted house you also live in, or moving out after the letting starts, can take an arrangement out of the resident-landlord exception and into the assured regime — with all of the Act’s duties attached. If the position is unclear, that is a question for a solicitor or Shelter, not a calculator.
The tax angle
Income from a lodger in your own home usually falls under the Rent a Room scheme (£7,500 threshold); above it you choose between the scheme and normal expenses. A lodger does not make you a “landlord” for Making Tax Digital purposes on its own — the MTD checker counts gross property income towards the thresholds.
Sources, read 5 September 2026: Renters’ Rights Act 2025 (as enacted) · Information Sheet 2026 · The Rent a Room Scheme (GOV.UK). England only; Scotland and Wales have separate tenancy law. General information, not legal advice — for a live dispute, speak to a solicitor, Shelter or your council’s housing team.
Quick answers
Not to a lodger living with a resident landlord. The Act does not amend the resident-landlord exclusion and the government's Information Sheet says the new rules will not usually apply to lodgers.
The duty attaches to assured tenancies. A genuine resident-landlord lodger arrangement is not an assured tenancy.
The 28-day initial-rent rule is written into the Housing Act 1988 for assured tenancies; it does not reach a resident landlord's lodger. The agreement governs.
Yes, but Rent a Room relief exempts the first £7,500 a year of furnished lettings in your own home.
Sources
The primary documents this page is built from. Links checked 5 September 2026.
- Renters' Rights Act 2025 (as enacted) — legislation.gov.uk
- The Renters' Rights Act Information Sheet 2026 (official PDF) — GOV.UK / MHCLG
- The Rent a Room Scheme — GOV.UK