Guide and template
Lodger agreement template for Ireland
The short version
Somebody renting a room in the home you live in is a licensee, not a tenant. No RTB registration, no statutory notice, no deposit scheme behind either of you. So the written agreement is doing all the work, and it is worth twenty minutes. Fill it in below and download it.
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What you will get
Lodger licence agreement
For a room let in the owner's own home, Ireland
1. Who this is between
This agreement is made between __________________________ (the owner) and __________________________ (the licensee).
The owner lives at __________________________________________ and will continue to live there while this agreement runs. That is what makes this a licence rather than a tenancy.
2. What is being let
The owner gives the licensee permission to occupy the room agreed between the parties at the address above, together with shared use of the kitchen, bathroom and living areas.
The licensee does not get exclusive possession of any part of the property. The owner keeps the right to enter the room, including to clean it or carry out repairs, and will give reasonable notice except in an emergency.
3. The fee
The licence fee is €__________ per month, payable in advance on the same day of each month.
The fee covers the room and shared areas only. Bills are not included.
Any money the licensee pays the owner for bills, food or laundry counts towards the owner's €14,000 rent-a-room threshold, along with the fee itself.
4. Deposit
The licensee pays a deposit of €__________ before moving in.
The deposit is returned within 14 days of the licensee leaving, less the cost of any damage beyond ordinary wear and tear, and less anything still owed.
Both parties should photograph the room on the day the licensee moves in and keep the photographs. A deposit dispute between an owner and a licensee is outside the RTB, so the Small Claims Court is the fallback and photographs are what it turns on.
5. Notice
Either party may end this agreement by giving 4 weeks notice in writing.
Because a licence sits outside the Residential Tenancies Act, there is no statutory notice period. The period above is what the parties have agreed between themselves, and it binds them as a matter of contract.
6. House rules
To be agreed between the parties and written in before signing.
7. Starting
This agreement starts on __________ and continues until either party ends it under clause 5.
Calling an agreement a licence does not by itself make it one. What matters is how the arrangement actually works. If the owner moves out and the occupier gets the run of the property, a tenancy may well have been created whatever this document says.
Signatures
Space for both parties to sign and date.
Licensee or tenant
Everything about letting a room in your own home follows from this one distinction, and most arguments start with somebody not knowing it.
| Licensee, room in your home | Tenant, whole property | |
|---|---|---|
| Governed by | Contract law and what you signed | Residential Tenancies Acts |
| RTB registration | None | Required |
| Rent controls | Do not apply | Apply in rent pressure zones |
| Security of tenure | None | Builds over time |
| Notice to leave | Whatever the agreement says | Set by statute |
| Deposit dispute | Small Claims Court | RTB |
| Equal Status Acts | Do not apply to shared accommodation | Apply |
| Tax on the income | €14,000 rent-a-room relief | Taxed as rental income |
The clauses that matter
Seven clauses cover almost everything. The template above has all of them, and here is why each one earns its place.
- Who this is between. Names, and a line saying the owner lives there and will keep living there. That sentence is what makes the whole thing a licence.
- What is being let. The specific room, plus shared use of the kitchen and bathroom, plus the owner keeping the right to enter. No exclusive possession.
- The fee. How much, how often, and exactly what it covers. Bills included means different things to different people, so list them.
- Deposit. How much, and when it comes back. Photograph the room the day they move in. It settles nearly every argument before it starts.
- Notice. There is no legal minimum here, which surprises people on both sides. Pick a period and write it down.
- House rules. Guests, smoking, noise, the bins. Boring, and the source of most fallings out.
- Start date and signatures. Both parties sign, both keep a copy.
Mistakes worth avoiding
- Using a tenancy agreement off the internet. It imports terms that do not apply and muddies whether you have created a tenancy.
- Taking a deposit with nothing in writing about it. You are both relying on memory, and the Small Claims Court will not have yours.
- Forgetting that bill money counts towards the €14,000. It is the most common way people cross the line without noticing.
- Moving out and leaving the lodger in place. The arrangement changes underneath you, and the document does not stop it.
- Not photographing the room. Ten minutes on the first day, and nobody argues about the carpet in nine months.
Common questions
Is a lodger agreement legally binding in Ireland?
Yes. A licence agreement is a contract, and both sides are bound by what they signed. What it is not is a tenancy, so the Residential Tenancies Act does not sit behind it and the RTB cannot arbitrate a dispute about it.
Do I need to register a lodger with the RTB?
No. Somebody renting a room in the home you live in is a licensee, not a tenant, so there is no tenancy to register. Letting a whole property is different and does have to be registered.
How much notice does a lodger get?
Whatever the agreement says. There is no statutory notice period for a licence, because the Residential Tenancies Act does not apply. Four weeks is the usual convention, and once it is in writing it binds both sides as a matter of contract.
Can I keep a lodger's deposit for damage?
You can hold back the cost of damage beyond ordinary wear and tear, and anything still owed. You cannot keep the rest. A dispute over it goes to the Small Claims Court rather than the RTB, and it costs €25 to file. Photographs taken on the day they moved in settle most of these before they start.
Does calling it a licence make it one?
No. What matters is how the arrangement actually works, not the heading on the page. The owner has to genuinely live there and the occupier must not have exclusive possession of any part of the house. Move out and hand over the run of the place, and you may well have created a tenancy whatever the document says.
Does the rent count towards the €14,000?
Yes, and so does anything the lodger pays you for bills, food or laundry. Add it all up before you decide you are under the limit, because going one euro over costs the relief on the whole amount.
General information, not legal advice. The template is written for a room let in the owner's own home in Ireland. If anything about your situation is unusual, ask a solicitor.
Sources: Citizens Information, RTB, Revenue and Threshold.
Next: what to charge, how to write the listing, or post the room.