In short
Usually not. Section 3(2)(g) of the Residential Tenancies Act 2004 says the Act doesn’t apply to a dwelling within which the landlord also resides, so a genuine lodger arrangement isn’t registered with the RTB and the RTB’s dispute service doesn’t cover it. Lodgers can use the Small Claims Procedure, and Threshold and Citizens Information give free information.
Why isn’t a lodger covered?
The Residential Tenancies Act 2004 lists types of housing it doesn’t apply to. One of them is a dwelling within which the landlord also lives. When you rent a room in someone’s own home, you are sharing their home rather than renting a home of your own.
The RTB has said that where a bona fide licence exists, it has no function in relation to that arrangement.
Are there exceptions?
Yes. A self-contained flat in the owner’s house can be treated as a tenancy and may need to be registered. Revenue’s guidance notes that registration doesn’t apply where the landlord and occupant share the same self-contained unit.
Separately, the Act also excludes a home where the landlord’s spouse, parent or child lives and no written lease has been signed. If your situation is unusual, get independent advice.
What protection does a lodger have?
A lodger has whatever was agreed with the host, plus general law. Citizens Information says a lodger is entitled to reasonable notice if the arrangement ends, and can bring disputes, such as about a deposit, to the Small Claims Procedure.
Everyone is protected by criminal law and equality law. Nobody may use threats or force to make someone leave.
How does Sa Bhaile help?
Every arrangement on Sa Bhaile is written down with a trial period, notice terms, house rules and deposit terms, and both people confirm them. Notices are sent in the app with a timestamp, and either person can raise a concern privately at any time.
Common questions
- Do I need to register my lodger with the RTB?
- Not if they rent a room in the home you live in and you share facilities. A self-contained unit can be different.
- Can a lodger take a case to the RTB?
- Generally no, because the Residential Tenancies Act doesn’t apply. Lodgers can use the Small Claims Procedure for disputes such as deposits.
- Is a lodger in student digs covered?
- Digs in a family home where the owner lives are generally treated as a lodger arrangement. Purpose-built student accommodation has its own rules.
Official sources
We checked this guide against these sources. Rules change, so check them for the latest position.
- Residential Tenancies Act 2004, section 3
- Residential Tenancies Board
- Citizens Information: renting a home
- Courts Service: Small Claims
This is general information, not legal or tax advice. For advice about your situation, contact Citizens Information, Threshold or a solicitor.
Ready to find the right fit?
Listing a room and searching on Sa Bhaile are both free, and every arrangement starts with a trial period.