Rent a room: What rights do Rent a Room tenants have?

People all over the country are utilising the Government’s Rent a Room Scheme to supplement their income with some extra cash. In fact, between 2021 and 2024, the rise of homeowners taking lodgers rose by 89% in the UK. This is perhaps due to the cost of living crisis or the rise in mortgage costs.

So, if you’ve utilised the Rent a Room Scheme, what rights do your tenants have and how do they differ from those renting entire properties on traditional tenancies?

What is the Rent a Room Scheme?

The Rent a Room Scheme was introduced by the Government in 1992. It allows landlords and live-in landlords to earn £7,500 of tax-free income each year by letting out a spare room in their property. You can let out as much of your home as you like, but it must be furnished.

To be eligible for the scheme, you must be a resident landlord, whether or not you own your home, or you must run a bed & breakfast or guest house.

What’s the difference between a tenant and a lodger?

Before we get into the rights a Rent a Room tenant has, let’s distinguish between a tenant and a lodger. A lodger is someone who rents a room in a landlord’s property and a tenant is someone who has a tenancy agreement for the entire property. A Rent a Room tenant sits somewhere in the middle of the two. A Rent a Room tenant and a lodger do share a lot of similarities but their legal rights and living arrangements can differ.

Typically, a lodger lives with the landlord in the same property and shares communal spaces such as a kitchen and bathroom. Lodgers tend to have fewer rights than tenants when it comes to eviction and an exclusive right to their own room.

Rent a Room – renters legal rights

The legal rights and room rent rules for a Rent a Room tenant usually depends on the arrangement. If a Rent a Room tenant lives with the landlord and shares common areas, they are more accurately classified as a lodger and therefore their rights share those of a lodger, despite being a part of the scheme.

If a Rent a Room tenant has exclusive access to part of the property, such as a self-contained unit within the home, they may have more rights – much like a tenant under a traditional assured shorthold tenancy.

Ultimately, the individual’s rights will be influenced by the level of control the landlord has over the living arrangements and how much of the property is shared.

As standard, however, a Rent a Room tenant will have the following legal rights:

Right to quiet enjoyment

A Rent a Room tenant has the right to live undisturbed in their accommodation, free from harassment or disruption from their landlord. This can include unannounced or excessive visits, locking the tenant out or deliberately interfering with essential services such as water, gas, electricity or Wi-Fi.

In terms of landlord harassment, this includes any behaviour intended to disturb the tenant such as verbal or physical intimidation, constant communication, unreasonable noise and the like.

A safe and secure home

Just like any other landlord, those utilising the Rent a Room scheme must ensure that their property is safe and secure to live within. They must comply with health and safety standards, including fire safety, gas safety, electrical safety and the proper use of carbon monoxide alarms.

This means that smoke alarms must be working and tested regularly and any furniture must be fire-resistant. Gas Safety Certificates should be provided to the tenant, regular electrical safety checks carried out and carbon monoxide alarms in any rooms with solid fuel-burning appliances.

Privacy

If a tenant has exclusive use of a room, then their landlord cannot enter this room without prior permission, with the exception of emergencies such as a fire or flood for example. If a landlord does need to access a Rent a Room tenant’s room to make repairs or safety checks, they must give at least 24 hours’ notice and get permission from their tenant.

Additionally, a Rent a Room tenant’s belongings must be respected. A landlord should not move, touch or remove items and possessions in the room unless they have permission to do so.

The right to privacy also extends to video or audio surveillance. Landlords may not install anything of the sort in the tenant’s private room or in any areas where the tenant would reasonably expect privacy, such as bathrooms or bedrooms. Even if a landlord wishes to install security cameras in shared areas and entrances, they must inform their tenant and make sure that they are comfortable with this first.

Eviction Notice period

Rent a Room tenants have a right to be served notice before being evicted. This notice is usually at least 28 days in length, but this should be specified in the rental agreement. It’s easier for a landlord to terminate a rental agreement on a Rent a Room basis than it is for a landlord to terminate a rental agreement on a traditional assured shorthold tenancy.

Rent a Room rent rules

As a Rent a Room tenant, an individual renting a room also has responsibilities to adhere to when living with their landlord. Tenants must adhere to their rental agreement any reasonable house rules set by the landlord. This could include cleaning schedules, noise levels or rules around guests.

Rent a Room tenants have an obligation to pay their rent on time, just like any other tenant. The repercussions for non-payment remain the same. They must take care of their rented room and any other shared areas, reporting issues and damages so that the landlord can action them. They must also take responsibility for basic upkeep such as cleaning the area and replacing light bulbs.

A tenant must also give reasonable notice if they intend to leave. Again, it varies depending on the terms that have been agreed but this is typically at least 28 days. Whilst a Rent a Room arrangement may feel more informal, it’s important that proper processes and procedures are still adhered to by both parties.

Even if you’re renting out a furnished room over an entire property, it’s still so important that you take out landlord insurance to cover you against eventualities of damage, legal costs and theft.

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