How many lodgers am i allowed

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. You should read this guide if you are letting or thinking of letting part of your only or main residential home. In law, a resident landlord letting is one where the landlord and the person he or she lets to live in the same building. This includes conversions where they live in different parts of the same property however long ago it was converted. This guide does not provide an authoritative interpretation of the law; only the courts can do that.

Nor does it cover every case. Help with all or part of the cost of legal advice may be available under the Legal Aid Scheme. This guide deals with many different arrangements, ranging from simply letting a room to a lodger to letting a converted flat in a house.

Tenancies which do not have a resident landlord are generally regulated or assured including assured shorthold , depending whether they were granted before or from 15 January respectively. Resident tenants have more limited rights to security of tenure than regulated tenants pre January and assured tenants from 15 January onwards.

Resident landlords have this greater freedom to end an arrangement because it is acknowledged that, should the relationship break down between the landlord and the person he or she lets to, the landlord is more vulnerable in his or her own home. Non-resident tenants also have rights to challenge rent levels that resident tenants do not enjoy.

For lettings started from 15 January , the important point is whether you are using the property as an only or principal home, both at the start of the letting and throughout it. It is accepted that, for short periods, a landlord may not live in the property yet still be considered to be resident: so long as he or she intends to return and this is apparent, for example if he or she has left belongings.

However, only a court can say for certain whether a landlord has maintained enough residence in the property to count as a resident landlord: if not, then it is possible that the letting arrangement may be deemed to have become a regulated or assured tenancy, depending whether it first began before or from 15 January This is important in distinguishing whether the occupant is protected by legislation in terms of notice to leave and eviction: a non-sharing arrangement will generally give the occupant greater legal protection than where accommodation is shared.

To count as an excluded tenancy or licence, the landlord does not have to live in the house continuously, although it must have been his only or main home both before and at the end of the let. This is about the distinction between tenancies and licences. Whereas the usual assumption for any letting arrangement is that it will be a tenancy, there may be some factors present that will make it merely a licence to occupy.

The most usual one is a lack of exclusive possession; but if:. Common general examples of licences are staying in a hotel, or having a friend to stay for a few days. Tenants have some rights that licensees do not have.

The most important qualification for a letting to be a tenancy is that the occupier is granted exclusive use of at least one room. So if, for example, he or she has her own room and you do not have the right under the agreement to enter it without permission, the letting would probably be a tenancy. If the occupier has to share his or her room or all of his or her rooms, if more than one with someone he or she did not choose, the letting would be a licence.

To be a tenancy, the letting must also be for a particular room or rooms — that is, without you being able to move him or her around. But none of these on its own necessarily means there is a licence. It is only if you genuinely need to come and go without restriction and cannot be limited to agreed times of the day in order to provide the services, that the occupier will not have exclusive use of the accommodation.

In this type of arrangement, the occupier would usually be described as a lodger. If each person has his or her own room or rooms , then whether each arrangement is a tenancy or licence will depend on the factors above.

If a room is let on a shared basis, where each occupier has come to the arrangement separately, or you have made it clear to the occupier that it is likely that he or she will have to share the room, the letting will probably be a licence to occupy.

However, even if more than one person shares a room, the letting can still be a tenancy if the sharers entered the arrangement together joint tenancy : for example, a couple or friends, or a family sharing a flat.

This list only gives an indication of how different arrangements might be viewed: it is not definitive, and the important factor for any particular case is how the arrangement works in practice.

If there is a dispute or other issue where the nature of the let could be important, it is advisable to get legal advice. In nearly all cases, no: it may only be relevant for some tenancies dating from before 14 August see Appendix B. As described in section 1. If you cease to live there, then a tenancy may be deemed to have become an assured shorthold tenancy if the original tenancy started after 28 February or an assured tenancy if the tenancy started before this date but after 15 January , of whichever rooms the tenant was letting.

The rules for tenancies started before January are slightly different — see Appendix B. If the letting was a licence to occupy, it would not become one of these tenancies since the nature of occupation would still not fulfil all the requirements for a tenancy such as exclusive use. There are special rules which can ensure that tenants do not automatically become tenants as soon as a resident landlord sells his or her house, or dies, if the new owner will also be living in the property.

Until the new landlord moves in, the tenant enjoys the same security of tenure as if the tenancy was assured shorthold or assured or regulated. This protection will then be lost so long as the landlord meets the six-month time limit. Periods of non-occupation following the death of a landlord can be disregarded in certain circumstances. Where these periods are to be disregarded, tenants do not have the greater level of protection of an assured, assured shorthold or regulated tenancy — that is, they will be treated as if the landlord was still resident.

If there is an existing tenant in the property when the new owner buys or inherits it, the tenancy will continue with the new owner, and the terms of that tenancy will be binding on him even if he did not know of its existence This does not apply to licences, which will generally continue only if an appropriate agreement is entered by the new owner.

But this may be affected by what is known and agreed to at the time when ownership changes, for example if the licensee was part-way through a fixed-term arrangement. This is something for both parties to agree at the outset. There is no minimum length of time that you must allow the let to run for. Usually it will run indefinitely from one rent period to the next — a periodic letting; or may be agreed to last for a number of weeks, months or years — a fixed term letting.

The nature and length of the let can be important for giving notice when either you or the occupier wants to end it. A tenancy must be for an agreed term, eg weekly periodic or a fixed term of three months.

If no term is expressly agreed, the letting will be a periodic tenancy, and the term will be whatever period the rent is payable on usually weekly or monthly. Licences can be more flexible. Although it is normal to agree a licence to run from term to term, or a fixed length of time, as above, it is also possible for it to be entirely open-ended.

But you could not charge rent on an open-ended or irregular basis, in order to call the let a licence, if the reality of all the facts of the situation especially if the occupier had exclusive possession pointed to it being a tenancy.

If you own the property outright, you do not need permission from anyone to let. If you are a private tenant, you should check the terms of your tenancy. If there has been nothing agreed to the contrary, the tenant would be free to sublet. But a tenant can of course ask his or her landlord for permission anyway. A tenant who has sublet in defiance of these prohibitions cannot use this as justification for denying his own tenant or licensee her rights, for example by evicting her illegally.

Again, if any of these types of tenancies comes to an end, so generally will the sub-tenancy. It is very likely that insurance premiums will be increased by allowing someone to share the home, because of factors such as accidental damage. It is extremely advisable to check for both contents cover and building cover; and if existing arrangements will not provide cover if part of the property is let, to arrange to extend the cover.

Making these checks is especially likely to be important if you are thinking of doing substantial conversion work, such as turning part of the house into a self-contained flat. You would not need planning permission simply for letting rooms, so long as the property remains primarily your home: but there could be a planning consideration if you were to use it mainly to earn money from letting accommodation. If rooms in the house are let to several people, it may be classed as a house in multiple occupation HMO.

Local councils have the power to licence certain types of HMOs in order to protect occupants from problems that can arise in shared accommodation. If there are a maximum of two other persons residing in the building, it will not be an HMO at all. If there are four or more other persons and the HMO is three storeys or more it will be subject to mandatory licensing. In any other case the HMO may be subject to licensing, but only if the council has made an additional licensing scheme.

For the purpose of calculating the number of persons living in the HMO the resident landlord and his household if any count as one person. You are free to decide most of these things with the person you let to, subject to the basic requirements of general housing law: you should provide access to kitchen, washing and toilet facilities but these can be either the ones that you use or separate. If the property is an HMO and is subject to licensing the local council will require minimum amenity standards for the number of occupants such as toilets and washing facilities.

If your property is a HMO you will be subject to management regulations. This requires all landlords or managers of HMOs, whether or not they are licensable, to ensure the good day-to-day management of HMOs and that necessary equipment is maintained in good condition. For example, you would be responsible for ensuring matters such as cleanliness of shared areas, safety of means of access, and adequate provision for disposal of rubbish.

The other occupants of the house must not do anything that hinders you in these duties. The local council has powers to take action where the condition of an HMO does not comply with requirements. It is common to ask the intending occupier for references personal, or from is or her employer or bank before agreeing the let.

You are also entitled to take a deposit before the person you let to moves in, to act as security in case he or she leaves the property owing you money, or to pay for any damage at the end of the letting. In a written agreement, it should be stated clearly the circumstances under which part or all of the deposit may be withheld at the end of the let. It is advisable for both parties to agree a list of furniture, kitchen equipment and other items in the property at the outset of the letting and to have this rechecked when it ends in order to avoid disagreements.

In any case, taking photographs of the interior of the accommodation when the let starts can also be a useful way of recording its condition, in case of any later dispute about what damage has been caused. Especially where there is no written agreement, it is a good idea generally to discuss beforehand any issues such as whether guests can stay, when music can be played, to help prevent future friction or misunderstandings.

If you take a deposit, it may be advisable to keep the deposit in a separate bank account so that it can be returned easily at the end of the letting unless the conditions for withholding it are met.

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NHS and adult social care complaints Find out how to complain about your doctor or health visitor. Top links Find your local Citizens Advice Volunteer with us Jobs in our network Press releases Our blogs Read what we're saying about a range of issues. England This advice applies to England: England home Advice can vary depending on where you live. Taking in a lodger - what you need to think about first This advice applies to England Print.

This page looks at what you need to think about before becoming a resident landlord. Tips on finding a lodger You might be able to find a lodger by: checking online or newspaper adverts from people who are looking for accommodation, or your could also 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 are a social housing tenant Be aware of your safety when meeting potential lodgers.

Did this advice help? Yes No. You have now forced me to delve for the relevant clause, which does not state that the 'relevant numbers specified by the appropriate national authority' need be single. I stand by the fact that they can be either single or a couple. Further on from this the next level is guidance to local authorities.

So the next place fir the op to look is his council guidance which will inevitably use the terminology 'lodgers' and not 'persons'. A couple cannot be a lodger as you say, but they can be 2 lodgers. It's probably rather a moot point for the op, as for their parents it will be more lucrative to take on 2 singles than 1 couple anyhoo.

Last edited by jpkeates ; , PM. Reason: Premature posting! Well spotted, I must admit I have never linked the two pieces of legislation before with this particular paragraph recently , and have always taken the number '2' from DCLG guidance recently. I am caveating as when I had 2 lodgers I'm pretty sure I would have dug down to the paragraph you have just quoted. A bit easier when I used to use a laptop rather tgan a tablet. It's this sort of multiple pieces of legislation all relating to the same thing that makes reading it such a pain in the backside.

Still agrees with me though I would say, in that the number of persons being 2 can either be 2 singles, or a couple. The 2 lodger exemption is for an owner occupier only.

A tenant acting as a resident landlord to lodgers has no exemption from HMO legislation. Probably due to the fact you have to bounce between so many pieces of legislation in order to make sense of things. Remember the 'living together as married' shenanigans. Get your head round this one.

I currently live in a converted block of 3. The middle flat is let out. The building is not a section HMO, yet if the top flat were to be let out suddenly it would be. How ridiculous is that As the owner and resident landlord property is in my mum's name. Dad, who is married to mum isn't on deeds they can let the two rooms to two single people without being HMO. If they rent to a couple and a single, or two couples, they become HMO?

Yes, that would pull in most money. You also cannot make someone leave their home because they have coronavirus. Read the coronavirus and renting guidance for tenants and landlords. To help us improve GOV.

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