Tenant vs lodger vs permitted occupier: your rights in England

What decides which one you are

Two questions do most of the work. Does your landlord live there? And do you have a space that's yours alone, which the landlord can't come and go from as they please? Shelter calls this exclusive possession, and it's one of the hallmarks of a tenancy. Calling something a "licence" or a "lodger agreement" doesn't change what it is if, in practice, you're living like a tenant.

Tenant

If your landlord doesn't live in the property, it's your main home, and you have your own room, you're usually on an assured periodic tenancy, even if you share the kitchen and bathroom with other tenants. Since 1 May 2026 these tenancies roll on with no fixed end date. Your deposit must be protected in a scheme. To end it, you give the notice in your agreement, which can't be more than two months, and it's two months if the agreement doesn't say. Your landlord needs a legal reason, set out in a Section 8 notice, usually with at least two months' notice and sometimes four. If you don't leave, they have to go to court. "No-fault" Section 21 evictions have gone.

Joint tenant

If you and your flatmates all signed one agreement for the whole place, you're joint tenants. You each have a tenant's rights. But you're also each responsible for all of the rent, not just your share, so if one person stops paying, the landlord can ask the rest of you. And on a rolling tenancy, one joint tenant giving notice usually ends it for everyone, even if the others want to stay.

Lodger

If you live in your landlord's home and share a kitchen, bathroom or living room with them, you're a lodger. Most lodgers are excluded occupiers. You can be asked to leave with "reasonable notice", usually one rent period, and your landlord doesn't need a court order. Your deposit doesn't have to go into a scheme. If you live in their home but share no living space with them, you have basic protection, and they'd need a court order if you didn't leave. None of this makes lodging a bad choice, and plenty of good households start this way. Just go in knowing the protections are lighter, and get the terms in writing.

Permitted occupier

A permitted occupier lives there with the tenant's permission but isn't on the agreement. Picture moving in with a partner who already rents the flat. You're not responsible for the rent under the contract. But you don't have many rights of your own: the tenant can ask you to leave, and your right to be there depends on theirs. If you're married to or in a civil partnership with the tenant, it's different. They can't make you leave without going to court.

Side by side

Four common situations

• You rent a room in the owner's flat and share their kitchen. You're a lodger, almost certainly an excluded occupier.
• You and two friends signed one agreement for a three-bed flat. You're joint tenants, each liable for the whole rent.
• You rent one room in a shared house, on your own agreement, and the landlord lives elsewhere. You're a tenant of that room, with your own deposit protected.
• You move in with your partner, who's the only one on the agreement. You're a permitted occupier unless the landlord adds you to the tenancy. If you want a tenant's rights, ask to be added.

If you're not sure where you stand

Check your agreement, then ask your landlord which type it is. Any landlord worth renting from won't mind the question. For free advice, Shelter and Citizens Advice can help. And if you're LGBTQ+ and want advice from people who understand the full picture, Stonewall Housing runs a free helpline on 0800 6 404 404, weekday mornings from 10am to 1pm. Our guides on taking in a lodger and getting your deposit back go further on each.