Lodger or tenant? What’s the difference in Ireland

What is a lodger?

A lodger is someone who rents a room in a home where the owner (or the main occupier) lives as their own home. The lodger usually shares the kitchen, bathroom or living areas, and the owner keeps control of the home as a whole.

This kind of arrangement is often called a licence: the lodger has permission to live in the room on agreed terms, rather than a tenancy over a separate home.

What is a tenant?

A tenant rents a home, flat or house that the landlord does not live in. Tenants usually have exclusive possession of their home: it’s theirs to live in, and the landlord can’t simply come and go.

Most tenancies in Ireland are covered by the Residential Tenancies Acts, which set out notice periods, rent rules and the RTB’s dispute service.

Why does the difference matter?

Section 3 of the Residential Tenancies Act 2004 says the Act does not apply to a dwelling within which the landlord also resides. That means a genuine lodger arrangement is generally outside the RTB’s remit.

Citizens Information explains that a person renting a room in your home lives there under a licence, and is entitled to reasonable notice if the arrangement ends. Disputes can go to the Small Claims Procedure.

• Lodger: shares the owner’s home, usually a licensee, reasonable notice, no RTB registration.
• Tenant: rents a home the landlord doesn’t live in, covered by the Residential Tenancies Acts, statutory notice periods, RTB disputes.

Can a lodger arrangement really be a tenancy?

Yes, it can. What matters is the real arrangement, not the name on the agreement. A self-contained flat with its own entrance, kitchen and bathroom, or a separate building such as a garden cabin, is generally treated differently from a room in the owner’s home.

This is why Sa Bhaile only accepts listings where the host genuinely lives in the home and shares facilities with the lodger. If you’re unsure about your situation, Threshold and Citizens Information can help.

Common questions

Does a lodger have to be registered with the RTB?

Generally no. A room in a home where the owner also lives isn’t registered with the RTB, because the Residential Tenancies Act doesn’t apply to it. A self-contained unit can be different.

How much notice does a lodger get?

There is no fixed statutory period for lodgers. They are entitled to reasonable notice, and a written arrangement should say how much notice either side will give.

Is a lodger the same as a flatmate?

Not always. A flatmate who shares a rented home with other tenants may be a tenant or subtenant. A lodger lives in the owner’s own home.

Who can help me work out my status?

Threshold and Citizens Information give free, independent information about whether an arrangement is a tenancy or a licence.