The Tenancy Trail

Answer:

If the occupier is a lodger and (crucially) the lodger shares living accommodation with the landlord, then this is not an occupation contract, and the strict rules for occupation contracts do not apply.

This is however on the following conditions:

• The living accommodation must be ‘proper’ living accommodation – i.e. not just areas used for storage, or a staircase, passage, corridor or other means of access.  Allowable accommodation would include bathrooms, kitchens and sitting rooms.
• It must be the landlord’s only or principal’ home immediately before the contract starts and during the time the lodger is living with you.  Although temporary absences (such as holidays or spells in hospital) will not count.
• The landlord must not have served a notice on the occupier telling them that their occupation is an occupation contract (but why would you do that?)

For more information please see this page on the Lodger Landlord website.

Note that with lodger arrangements, the most important right that the landlord has is to evict them without having to get a court order (provided no violence is used).  This is because this type of letting will be an excluded tenancy or license under section  3A of the Protection from Eviction Act 1977. This was specifically stated to apply to both licensees and tenancies – where living accommodation is shared with the landlord.  The act applies in Wales as it does in England.