The Renters’ Rights Act 2026 does not apply to lodger arrangements where the landlord lives in the property and shares living accommodation with the occupier. There appears to be some confusion on this website, as many of the reforms introduced by the Act relate to assured tenancies in the private rented sector rather than lodgers, who are typically classified as excluded occupiers or licensees.
As a result, the new provisions concerning matters such as tenancy reform and eviction processes do not apply in the same way to lodger arrangements as they do to standard residential tenancies.guidance continues to distinguish lodgers from tenants, with lodgers having a separate legal status.
It would be helpful if OpenRent could clarify this distinction, as the current wording may be creating unnecessary confusion for both landlords and lodgers.
@Sabina2
Whom do you think is confused and what guidance are you asking OR to clarify? Your post is a bit short on details allowing anyone to do anything?
And why post here instead of sending to OR support?
Best
You haven’t been clear saying what ‘current wording’ is causing confusion. Could you be specific what you feel is wrong, and is creating confusion.
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Ive just had a look at the Openrent lodger agreement template and there are some questionable things in there.
Firstly there is a significant error. Under Licence Period it says:
A fixed term of 12 months Commencing on and including (date) To and including (date) (“the Initial Term”) And then continuing as a monthly contractual periodic tenancy until accordance with this agreement.
My guess is that someone forgot to edit this out of the old AST template that it was based on, but that clause could cause the landlord significant problems if challenged in court.
Its also clear that any deposit agreed is paid into the Mydeposits scheme if they use RentNow, which gives comfort to the occupant, but some landlords wont be happy with it given the concerns expressed on here about questionable decisions the schemes make and the difficulty of recovering the funds. They also imply it has to be paid into the scheme within 30 days, which isnt legally required.
There are other elements of the agreement that I wouldnt want if I were a lodger landlord as they would potentially curtail my rights. Also some things that a licensee may struggle with, such as needing a guarantor, which given the ease with which they can be removed from the property might be a bit too restrictive.
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