LODGER AGREEMENT
Excluded Licence With Resident Landlord · England And Wales
HOST (RESIDENT LANDLORD)
Sarah Louise Thompson
8 Birchwood Lane, London NW3 4QP
By: sarah.thompson@example.co.uk | 07700 900456
LODGER
James William Park
22 Station Road, Manchester M1 2AB
DOB: 1994-08-12
By: james.park@example.co.uk | 07700 900789
Double bedroom (first floor, south-facing) with built-in wardrobe and en-suite shower room at 8 Birchwood Lane
2026-06-01 (rolling) · £850.00/mo
This Lodger Agreement (this "Agreement") is made on 2026-06-01 between Sarah Louise Thompson of 8 Birchwood Lane
London NW3 4QP (the "Host") and James William Park (the "Lodger"). The Host is resident at the Property as their only or principal home and shares occupation with the Lodger. This Agreement grants a personal, non-exclusive licence to occupy and is an excluded tenancy or licence within the meaning of paragraph 10 of Schedule 1 to the Housing Act 1988 and section 3A of the Protection from Eviction Act 1977; it is not an assured shorthold tenancy. The Renters' Rights Act 2025 (in force 1 May 2026) does not apply to this arrangement. Applying the test in Street v Mountford [1985] AC 809, no exclusive possession is granted and no legal estate is created. The parties agree as follows:
The Host grants the Lodger a personal, non-exclusive licence to occupy the following room: Double bedroom (first floor, south-facing) with built-in wardrobe and en-suite shower room at 8 Birchwood Lane
London NW3 4QP (the "Property") on a furnished basis, together with the shared use in common with the Host of the following areas: Kitchen, living room, dining room and rear garden. This Agreement does not grant exclusive possession of the Property or the room and does not create a tenancy or any legal estate or interest in the Property (Street v Mountford [1985] AC 809). The Host retains control of the Property throughout and remains in occupation.
The licence shall commence on 2026-06-01 and shall continue on a rolling periodic basis from one rent period to the next until terminated by either party in accordance with this Agreement. As this is an excluded licence with a resident landlord, the statutory written notice requirements of section 3 of the Protection from Eviction Act 1977 do not apply by operation of section 3A(2) of that Act; the contractual notice period agreed below applies.
The Lodger shall pay a monthly licence fee of £850.00, due in advance on the 1st day of each calendar month, payable by bank transfer or standing order to an account nominated by the Host. The Host intends to rely on Rent-a-Room Relief under Part 7 Chapter 1 of the Income Tax Act 2007, under which rental income up to £7,500 per tax year (or £3,750 where the income is shared between two or more people) received from letting furnished accommodation in the Host's only or main residence is exempt from income tax. If the licence fee is more than 14 days in arrears, the Host may terminate this licence on the notice period specified in clause NOTICE AND TERMINATION and pursue the remedies available at common law.
The Lodger shall pay a damage deposit of £850.00 on or before the commencement date. Because this is an excluded licence with a resident landlord and not an assured shorthold tenancy, the statutory deposit protection obligations under sections 212 to 215 of the Housing Act 2004 do NOT apply, and the deposit does not need to be placed in an authorised tenancy deposit scheme. The Tenant Fees Act 2019 does not apply to lodger licences. Notwithstanding the above, the Host shall hold the deposit on trust for the Lodger, shall not use it as rent, and shall return it within 14 days of the end of the licence subject only to deductions for unpaid fees, damage beyond fair wear and tear (Regis Property v Dudley [1959] AC 370) or breach of this Agreement. Any deduction shall be itemised in writing.
5.
COUNCIL TAX, HMO AND LICENSING
The Host remains solely liable for council tax in respect of the Property under the Council Tax (Administration and Enforcement) Regulations 1992. Because the Host is resident, the Property is NOT a house in multiple occupation within the meaning of section 254 of the Housing Act 2004 (resident-landlord exception under the Licensing of HMOs (Prescribed Descriptions) (England) Order 2006), and no HMO licence is required. The Lodger shall promptly notify the Host of any change in circumstances which might affect any single-person discount or exemption.
The Lodger agrees to: (a) pay the licence fee on the due date; (b) use the room only as a private residence and not for any business, trade or profession; (c) keep the room and all shared areas clean and tidy; (d) not cause any nuisance, annoyance or disturbance to the Host, other occupants or neighbours (including any conduct falling within the Anti-social Behaviour, Crime and Policing Act 2014); (e) promptly report to the Host any damage, disrepair or defect of which the Lodger becomes aware; (f) not make any alteration, decoration or addition to the Property without the Host's prior written consent; (g) comply with all applicable laws and not use the Property for any unlawful purpose; and (h) on termination, vacate the Property and remove all personal belongings, failing which the Host may treat any items left behind as abandoned after 28 days' written notice.
The Host agrees to: (a) ensure all gas appliances serving the room comply with the Gas Safety (Installation and Use) Regulations 1998, including holding a valid Gas Safety Record under reg.36 where applicable and providing a copy to the Lodger on request; (b) ensure the electrical installation is safe and that portable appliances provided are PAT-tested as appropriate; (c) ensure a working smoke alarm is provided on each storey of the Property used as living accommodation, and a carbon monoxide alarm is fitted in every room with a fixed combustion appliance, in accordance with the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022; (d) ensure the Property is reasonably fit for human habitation and not subject to a Category 1 hazard under the Housing Health and Safety Rating System; and (e) not unreasonably interfere with the Lodger's peaceful enjoyment of the room, save as provided in this Agreement.
8.
NO ASSIGNMENT OR SUB-LETTING
The licence granted under this Agreement is personal to the Lodger. The Lodger shall not sub-let, assign, share or part with possession of the room or any part of the Property, nor permit any other person to reside in the room on an exclusive basis. Any purported sub-letting, assignment or sharing shall be void and shall entitle the Host to terminate this Agreement forthwith. Nothing in this Agreement shall be construed as granting the Lodger exclusive possession of the Property or the room (Street v Mountford [1985] AC 809).
9.
EQUALITY AND NON-DISCRIMINATION
The parties shall conduct themselves in accordance with the Equality Act 2010 and shall not harass or discriminate against any occupant or visitor on any protected ground. The Host notes that the "small premises" exception under paragraph 3 of Schedule 5 to that Act applies to this arrangement in respect of some protected characteristics, but this exception does not extend to discrimination on grounds of race or disability.
The following services are included within the licence fee: Wi-Fi / broadband, use of laundry facilities. The Host reserves the right to vary the manner in which these services are provided on reasonable notice to the Lodger.
All utility bills including gas, electricity, water, broadband and any television licence are the sole responsibility of the Host and are included within the monthly licence fee. Council tax remains the Host's sole responsibility as resident occupier.
The Lodger agrees to observe the following house rules at all times:
- Quiet hours: 11pm to 7am Monday–Sunday. Noise levels shall be kept to a minimum during these periods.
- Guests: Occasional overnight guests are permitted with reasonable prior notice to the Host. No guest may stay for more than three (3) consecutive nights or seven (7) nights in any calendar month without the Host's prior written consent.
- Pets: No pets or animals of any kind shall be kept at the Property at any time.
- Smoking: Smoking (including e-cigarettes and vaping) is strictly prohibited throughout the Property, both inside and in any shared external areas.
- Additional house rules: Kitchen to be left clean after each use.
No loud music or video calls in shared areas after 10pm.
Shoes off in the hallway.
Bin day is Tuesday — please put recycling out the night before..
The Host may enter the room on giving the Lodger not less than 24 hours written or verbal notice for inspection, maintenance or repair. As the Host is resident at the Property, the Host and any member of the Host's household retain the right to be present in and use the shared areas at all reasonable times without notice. In cases of emergency (fire, flood, gas leak or risk to health or safety), the Host may enter the room immediately without any prior notice.
14.
INVENTORY AND CONDITION
An inventory and condition record of the room, furniture and contents shall be agreed between the parties on or before the commencement date and forms part of this Agreement. The Lodger shall return the room and contents in the same condition save for fair wear and tear (Regis Property v Dudley [1959] AC 370).
Inventory items:
Double bed with mattress, mattress protector, two pillows and duvet (Host-provided);
Pine wardrobe (3-door, mirror) — pre-existing scuff on lower-left panel noted;
Pine bedside table with drawer;
Bedside lamp (IKEA Hektar);
Roller blind — fully working;
En-suite: shower, basin, WC, mirror cabinet, towel rail — all clean and working at start.
The Host shall maintain buildings insurance and contents insurance covering items belonging to the Host at the Property. The Host's contents insurance does NOT cover the Lodger's personal possessions. The Lodger is responsible for arranging their own contents insurance in respect of their personal belongings and shall provide evidence of cover on the Host's reasonable request. The Lodger shall notify the Host's insurer of any escape of water, fire, theft or other insured event affecting the Property and shall cooperate with any claim.
16.
COOLING-OFF — EXPRESS REQUEST FOR IMMEDIATE PERFORMANCE
The Lodger expressly requests that the licence commence within the 14-day cooling-off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and acknowledges that they will be liable for the value of services provided up to the date of any cancellation, in accordance with regulation 36 of those Regulations.
17.
NOTICE AND TERMINATION
Either party may terminate this Agreement by giving the other not less than 1 month written notice expiring at the end of a rent period. The Host may terminate this Agreement immediately, without notice, in the event of serious breach by the Lodger, including non-payment of the licence fee for more than 14 days, persistent nuisance, violence or threats of violence towards the Host or any other person at the Property, or use of the Property for unlawful purposes. As this is an excluded licence within the meaning of section 3A of the Protection from Eviction Act 1977, proceedings for possession in the county court are not required to recover possession, but the Host shall not use or threaten violence to secure entry (section 6 of the Criminal Law Act 1977). On termination, the Lodger shall vacate the Property and remove all personal belongings, and any obligations that have accrued before termination shall survive.
18.
RIGHT TO RENT (IMMIGRATION ACT 2014)
The Lodger confirms that they have the right to rent private residential accommodation in the United Kingdom in accordance with sections 20 to 37 of the Immigration Act 2014 (as amended by the Immigration Act 2016) and the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014. The Host has carried out the prescribed Right to Rent check on 2026-05-15 and shall retain copies of the documents presented for the duration of the licence and for one year thereafter. The Lodger agrees to provide such documentation as the Host may reasonably request for this purpose and to notify the Host promptly of any change to their immigration status. The Host notes the civil penalty regime for failure to undertake checks, including penalties of up to £20,000 per individual (increased on 13 February 2024).
19.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by and construed in accordance with the law of England and Wales. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior representations or agreements. No variation shall be effective unless made in writing and signed by both parties. Notices under this Agreement shall be given in writing and delivered by hand, first-class post or email to the addresses set out above.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
Sarah Louise Thompson
Resident landlord
Date: ____________________
James William Park
Licensee
Date: ____________________