Lodger agreement: licence to rent a room
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- Guidance notes included
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About this lodger agreement
This document grants permission to one or more people to occupy a room in your home under the terms agreed.
There is no requirement to have a formal written legal agreement with your lodger, but having one clarifies what the lodger can expect in the arrangement, and provides a reference point should any dispute occur in the future.
Whether you’re renting a room to a friend for a month or two, or wanting a long term lodger, there are practical and legal advantages of having the rental terms in writing.
The law relating to this document
In legal terminology, this document is called "a licence to occupy" and gives a lodger permission to live in a property without creating a tenancy.
If you are taking a lodger in as a flat or house mate, this is the document you should use. We recommend granting a licence on a short-term basis (less than 12 months) and renewing it when it expires.
When to use this licence
This lodger agreement would most commonly be used in the following circumstances:
- A property owner renting out a spare bedroom (to a stranger, a friend, or a couple)
- A student owner landlord renting spare rooms in a property to other students
It is suitable for any type of property: flats or houses, and can be used to let more than one room in the same property. You can reuse it for subsequent lodgers.
You can also use this agreement to sub-let a room if you rent under a tenancy agreement (subject to your tenancy agreement allowing sub-letting) and subject to someone on the original tenancy agreement still living at the address
The document is not suitable if:
- The lodger will run a business from the property
- The lodger will occupy the whole property and the landlord lives elsewhere The lodger will only live in the property on a part time basis (use a Part-time lodger agreement)
Some helpful and practical pointers for lodger agreements
Mentioned in the help notes to this document (along with others) are the following pointers:
- Taking a deposit (a bond) can be done (and is covered in this agreement) but we advise that if you can avoid doing so, you should. A court may see a deposit as pointing toward this arrangement being a tenancy.
- Work in to your agreement the right for you to enter the room rented to your lodger at any time. Although this needs to be done discretely, avoiding giving the lodger exclusive occupation of the property helps identify your arrangement as a licence rather than a tenancy.
- Living with a lodger can be less pleasant once you’ve given him or her notice. Consider a short term. The expectation of a short arrangement will make giving notice easier (e.g. you can mention that you don’t plan to renew, rather than that you want your lodger to leave).
Agreement features and contents
- Includes sensible, practical provisions to protect the landlord’s interests
- Full description of the property and the services that the lodger should expect to receive
- All likely provisions for restrictions on what the lodger may do in the property
- Rent period and amount
This document was written by a solicitor for Net Lawman. It complies with current Australian law.
What other customers thought
Average customer rating
By Stefan Sojka 24 December 2016
By Brent Vrab 29 June 2016
I found your service on google. I found the link and download process very simple. The document was thorough and covered all the aspects that I required.
By Sue Purdue 15 April 2016
The document was exactly what I needed. As this is the first time I have taken in a lodger I was unsure how to protect myself and my property. It provided clear parameters for my lodger and peace of mind for myself. Further to your notes it was suggested to me to have each page initialed and review 3 monthly. I will and have recommended Net Lawman to others. Thank you.
By James Parbery 24 September 2015
I have not found any fault with your document - although I may think of ways to improve upon it once i have put it into action and tried it out.
Is the reason you call it a 'Deposit' instead of a 'bond' to avoid it being identified as a Tenancy Agreement? The only problem with the term 'Deposit' is that it inferes that it is an initial payment for further payments to be made.
I have adapted your document to my purpose and I am happy for you to peruse it to see if the layout or phrasing is something you could adapt yourselves or if you think it has been a mistake for me to alter certain parts. Will send in an email.
By Julie James 07 July 2015
The document was set out in layman's terms, which meant it was easy to read and absorb. The introductory information provided was very informative and logical, and the actual document was easy to download and edit so that my document was relevant to my needs. It provided me with certainty as to the expectations and rights of both parties in a lodger arrangement. Thank you.
By Robert Golding 25 January 2015
Thank you for this service. I'm about to rent a downstairs flat to a lodger for the first time and this document gave me the confidence to prepare a licence agreement knowing that I was being fair to both of us.
By Donald Goldsmith 11 April 2014
Thank you for the document, yes I thought it was very good and will fulfill my needs exactly. Without your service I would be at the mercy of the legal fraternity and costs and opinions can vary considerably. In legal matters confidence is a primary concern, and with the help of your document I can construct the type of document that I need and confident that if tested it will come through.
By Kim Augl 04 August 2014
It was useful. Just what I needed . Thank you for the service
By David Shirres 17 July 2013
It was quite useful particularly as it does not bind me to anything and just sets out an understanding as to what is expected.
"Loved it mate, was in somewhat bitter dispute with ex partner, loads of expensive meetings nothing sorted. Got your form, edited it up sent it over -bang, signed, sealed and delivered in 10 mins. Excellent"Ken Warren, Director The Golden Bough
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