Room renters may have fewer protections than they assume, according to SE-Solicitors. A landlord who lives in the property may need to give only reasonable notice, and may not need a court order, before asking a lodger to leave. Property lawyers at the firm have identified five signs that lodger rights, not assured tenant protections, may apply.
Most assured tenants in England have benefited from major reforms since 1 May 2026, including the abolition of Section 21 evictions, rolling tenancies and new restrictions on rent increases. Whether those protections apply depends on the legal reality of the occupation, not on the fact that someone pays rent.
"The word 'renter' is used to describe many different living arrangements, but the law does not give everyone who pays rent the same protection," said Lisa Blythe, property recovery solicitor at SE-Solicitors.
"A person renting a room from a live-in landlord may be a lodger and, depending on what facilities they share, may be an excluded occupier with significantly fewer rights than an assured tenant."
SE-Solicitors lists five signs that lodger rights may apply.
The property is the landlord's main home
"The first thing to establish is whether the property is genuinely the landlord's main home," she notes. "That does not automatically make you a lodger, but if the landlord lives there and you also share a kitchen, bathroom or living room with them, you may be an excluded occupier from protections under the renters Rights Act 2025. An excluded occupier with has fewer protections than an assured tenant. An owner who occasionally visits or receives post at the address is not necessarily a resident landlord."
The occupier shares a kitchen, bathroom or living room
"Sharing a kitchen, bathroom or living room with a resident landlord is a key sign that you may be an excluded occupier," she explained. "Sharing only a hallway or staircase is different. These practical details can affect the notice required and whether the landlord needs to obtain a court possession order once the arrangement has lawfully ended."
The agreement allows 'reasonable notice'
"If the agreement says the arrangement can end on 'reasonable notice', do not assume that means the formal notice period and court process an assured tenant would expect," she says. "For an excluded tenancy, the notice required will generally depend on the rental period and the terms of the agreement. For an excluded licence, reasonable notice depends on the agreement and the circumstances, including how often rent is paid and how long you have lived there."
The occupier does not control the room
"Ask whether you genuinely have control over your room and can keep others out, including the landlord, except where access is lawfully permitted," she comments. "A lodger agreement may give a resident landlord broader access and set rules about guests, shared rooms and living alongside the owner. The title of the agreement is not conclusive if the arrangement works differently in practice."
The deposit went to the homeowner and is unprotected
"An unprotected deposit does not prove that you are a lodger, but it can be a clue worth investigating," she noted. "A landlord who takes a deposit from a genuine lodger is not normally required to protect it in a government-approved tenancy deposit scheme. Ask for a signed receipt and make sure the agreement records the amount paid, any permitted deductions and when the balance must be returned."
What lodger rights still cover
"The law does not leave lodgers with no rights at all," she added. "A landlord must still follow the agreement, and give the notice legally required in the circumstances and cannot use violence or harassment to evict a lodger. But, However, the protection can be much narrower than the occupier assumes."
"The key is to establish your status before a dispute arises. A written agreement should reflect how the home is actually occupied and clearly explain the notice period, deposit arrangements and process for ending the arrangement. If the paperwork and the reality do not match, seek advice rather than relying on the label alone."
