Statute: Protection from Eviction Act 1977
Applies to: england,wales
Notice periods: [object Object]
An Excluded Tenancy or Excluded Licence is a residential arrangement that sits outside the main protections of the Housing Act 1988 and the Protection from Eviction Act 1977. The most common example is a lodger sharing a home with their landlord. Because the landlord lives in the same property, the tenant has lodger status rather than the stronger tenant rights of an AST.
What makes a tenancy excluded
An arrangement is usually excluded if the landlord (or a member of the landlord's family) lives in the same property and shares any part of the accommodation (such as a kitchen or bathroom) with the occupier. Temporary or holiday accommodation, certain hostel arrangements, and accommodation provided as part of employment can also be excluded. The detailed definitions are in the Protection from Eviction Act 1977 section 3A.
What rights the occupier has
An excluded occupier has a contractual right to occupy under the terms of the agreement with the landlord, but does not have the statutory security of an assured tenant. To end the arrangement, the landlord only needs to give reasonable notice (usually a period matching the rent cycle, often a month on a monthly let), and does not need to go to court to enforce removal. The landlord cannot use violence or threaten violence to evict.
Deposits and fees
Deposit protection under the Housing Act 2004 does not apply to excluded lodger arrangements, because those rules attach to assured tenancies. The Tenant Fees Act 2019 restrictions also do not apply in the same way. Some lodger deposits are held in informal arrangements, which can make disputes harder to resolve. A lodger should get any deposit return agreement in writing and take photographs at move-in and move-out.
When an excluded arrangement becomes a tenancy
If circumstances change, for example the landlord moves out and the occupier has exclusive possession of part of the property, what was an excluded licence can become an assured tenancy. The court looks at the reality of the arrangement, not just the label. Occupiers unsure whether they are a lodger or a tenant should take advice, because the rights differ significantly.
Interaction with the Renters' Rights Act 2025
RRA 2025 reforms the assured tenancy regime and does not alter the excluded tenancy framework under the Protection from Eviction Act 1977. Lodgers continue under the older rules. The eviction process for excluded arrangements remains quicker and simpler than for assured tenants.