Lodger Agreement (Ireland)
LODGER LICENCE AGREEMENT (IRELAND)
This Lodger Licence Agreement (the "Agreement") is made on [Licence Start Date] between:
[Homeowner Name] (phone: [Homeowner Phone]), the owner and resident of [Homeowner Address] (the "Homeowner");
and
[Lodger Name] (phone: [Lodger Phone]), previously of [Lodger Previous Address] (the "Lodger").
1. NATURE OF AGREEMENT — LICENCE NOT TENANCY
The Homeowner grants the Lodger a personal licence to occupy the [Room Description] at [Homeowner Address] (the "Property"), together with the right to use the following shared facilities: [Shared Facilities]. The Lodger does not have exclusive possession of any part of the Property.
This Agreement is a licence and not a tenancy. The Residential Tenancies Act 2004 does not apply to this arrangement, as the Homeowner resides in the Property. The Lodger acknowledges that they do not have the security of tenure rights of a tenant under that Act.
2. LICENCE PERIOD
This licence commences on [Licence Start Date] and, unless terminated earlier, continues until [Licence End Date] (or on a rolling weekly basis if no end date is specified).
3. LICENCE FEE AND DEPOSIT
The Lodger shall pay the Homeowner a weekly licence fee of EUR [Weekly Licence Fee], payable in advance on each [Payment Day].
The Lodger has paid a deposit of EUR [Deposit Amount], which the Homeowner shall hold as security for compliance with this Agreement. The deposit shall be returned within 7 days of the Lodger vacating the Property, subject to any deductions for unpaid fees, damage beyond fair wear and tear, or breach of this Agreement.
Services included in the licence fee: [Included Services].
The Homeowner may avail of the Rent-a-Room Relief scheme under section 216A of the Taxes Consolidation Act 1997, under which annual rental income up to EUR 14,000 from a room in the Homeowner's principal private residence is exempt from income tax.
4. HOUSE RULES AND LODGER OBLIGATIONS
Smoking inside the Property: [Smoking Allowed]. Pets: [Pets Allowed]. Overnight guests: [Guests Allowed].
Additional house rules: [House Rules]
The Lodger shall: (a) pay the licence fee promptly on the agreed day; (b) keep the room and shared areas clean and tidy; (c) not damage any part of the Property; (d) respect the Homeowner's right to quiet enjoyment of their home; (e) not assign this licence or sub-let the room to any other person; (f) comply with all applicable house rules and reasonable instructions of the Homeowner.
5. TERMINATION
Either party may terminate this Agreement by giving [Notice Period] written notice to the other. The Homeowner may terminate this Agreement immediately in the event of: serious or persistent breach of the house rules; non-payment of the licence fee; or conduct that is incompatible with shared living.
Upon termination, the Lodger shall vacate the Property and remove all personal belongings by the termination date. Failure to do so will result in the Lodger remaining liable for the licence fee until the Property is vacated.
6. GOVERNING LAW
This Agreement is governed by the laws of Ireland. The parties agree that any dispute arising from this Agreement may be referred to the Small Claims Court.
Homeowner
________________
Signature
Date: ________________
Lodger
________________
Signature
Date: ________________
What Is a Lodger Agreement (Ireland)?
A Lodger Agreement in Ireland sets the rent, deposit, fixed term, repairing obligations, and notice requirements for a residential let, under the framework of the Residential Tenancies Act 2004.
The legal framework governing the Lodger Agreement (Ireland) in Ireland draws on several key statutes and regulatory bodies. Under the Residential Tenancies Act 2004 as amended by the Residential Tenancies (Amendment) Act 2019, the Residential Tenancies Board (RTB) registers all tenancies and adjudicates disputes. Section 12 of the Residential Tenancies Act 2004 sets landlord obligations. The Land and Conveyancing Law Reform Act 2009, Section 51, governs property transfers. The Property Registration Authority (PRA) maintains the Land Registry under the Registration of Title Act 1964. Parties executing a Lodger Agreement (Ireland) in Ireland should confirm the document reflects current Irish law, including any amendments enacted since the original drafting date. The Residential Tenancies Act 2004 sets the foundational requirements, while secondary legislation and statutory instruments may impose additional obligations depending on the specific circumstances of the transaction. Under Section 67 of the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964, property-related elements must comply with the Property Registration Authority (PRA) requirements. The Competition and Consumer Protection Commission (CCPC) enforces the Consumer Rights Act 2022 in consumer-facing transactions. The Companies Act 2014, Section 169, and the Employment Equality Acts 1998-2015 impose non-discrimination obligations on all commercial agreements executed in Ireland.
The legal framework governing the Lodger Agreement (Ireland) in Ireland draws on several key statutes and regulatory bodies. Under the Residential Tenancies Act 2004 as amended by the Residential Tenancies (Amendment) Act 2019, the Residential Tenancies Board (RTB) registers all tenancies and adjudicates disputes. Section 12 of the Residential Tenancies Act 2004 sets landlord obligations. The Land and Conveyancing Law Reform Act 2009, Section 51, governs property transfers. The Property Registration Authority (PRA) maintains the Land Registry under the Registration of Title Act 1964. Parties executing a Lodger Agreement (Ireland) in Ireland should confirm the document reflects current Irish law, including any amendments enacted since the original drafting date. The Residential Tenancies Act 2004 sets the foundational requirements, while secondary legislation and statutory instruments may impose additional obligations depending on the specific circumstances of the transaction.
When Do You Need a Lodger Agreement (Ireland)?
A lodger agreement is needed in Ireland when a homeowner wishes to rent out a room in their home to a lodger while continuing to live in the property. It is commonly used by homeowners to generate income under the Rent-a-Room Relief scheme, by families taking in foreign exchange students, or by homeowners sharing accommodation. The agreement protects both parties by setting out the terms of the arrangement, including the licence fee, shared facilities, house rules, and notice periods, without creating a full residential tenancy with the associated statutory rights.
Parties in Ireland should prepare a Lodger Agreement (Ireland) proactively rather than waiting for a dispute to arise. Irish courts, including the District Court, Circuit Court, and High Court of Ireland, interpret agreements based on the written terms rather than oral representations. Under the Residential Tenancies Act 2004 as amended by the Residential Tenancies (Amendment) Act 2019, the Residential Tenancies Board (RTB) registers all tenancies and adjudicates disputes. Section 12 of the Residential Tenancies Act 2004 sets landlord obligations. The Land and Conveyancing Law Reform Act 2009, Section 51, governs property transfers. The Property Registration Authority (PRA) maintains the Land Registry under the Registration of Title Act 1964. Where the transaction involves regulated activities, prior approval from the relevant authority — such as the Central Bank of Ireland, Companies Registration Office (CRO), or Data Protection Commission (DPC) — may be required before execution. Consulting a qualified Irish solicitor confirms all regulatory steps are completed in the correct order.
What to Include in Your Lodger Agreement (Ireland)
A thorough Irish lodger agreement should include the full names and addresses of both the licensor (homeowner) and the licensee (lodger), the address of the property, the specific room(s) occupied, the weekly or monthly licence fee, the payment method, the shared facilities available, any house rules (guests, noise, cleanliness, smoking), the notice period required to end the arrangement (typically 28 days), and confirmation that the arrangement constitutes a licence and not a tenancy under the Residential Tenancies Act 2004. The forms-legal.com Lodger Agreement (Ireland) template covers the mandatory elements under Residential Tenancies Act 2004.
Additional compliance elements for a Lodger Agreement (Ireland) used in Ireland include: Data Protection — the Data Protection Act 2018 and GDPR Article 6 require a lawful basis for processing personal data; Governing Law — specify Irish law and the jurisdiction of Irish courts; Dispute Resolution — parties may refer disputes to the Workplace Relations Commission (WRC) for employment matters or initiate proceedings in the Circuit Court or High Court of Ireland for civil claims. Under the Residential Tenancies Act 2004 as amended by the Residential Tenancies (Amendment) Act 2019, the Residential Tenancies Board (RTB) registers all tenancies and adjudicates disputes. Section 12 of the Residential Tenancies Act 2004 sets landlord obligations. The Land and Conveyancing Law Reform Act 2009, Section 51, governs property transfers. The Property Registration Authority (PRA) maintains the Land Registry under the Registration of Title Act 1964. Revenue Commissioners require appropriate tax treatment of payments made under the agreement, including VAT under the Value-Added Tax Consolidation Act 2010 where applicable. Under Section 67 of the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964, property-related elements must comply with the Property Registration Authority (PRA) requirements. The Competition and Consumer Protection Commission (CCPC) enforces the Consumer Rights Act 2022 in consumer-facing transactions. The Companies Act 2014, Section 169, and the Employment Equality Acts 1998-2015 impose non-discrimination obligations on all commercial agreements executed in Ireland.
Additional compliance elements for a Lodger Agreement (Ireland) used in Ireland include: Data Protection — the Data Protection Act 2018 and GDPR Article 6 require a lawful basis for processing personal data; Governing Law — specify Irish law and the jurisdiction of Irish courts; Dispute Resolution — parties may refer disputes to the Workplace Relations Commission (WRC) for employment matters or initiate proceedings in the Circuit Court or High Court of Ireland for civil claims. Under the Residential Tenancies Act 2004 as amended by the Residential Tenancies (Amendment) Act 2019, the Residential Tenancies Board (RTB) registers all tenancies and adjudicates disputes. Section 12 of the Residential Tenancies Act 2004 sets landlord obligations. The Land and Conveyancing Law Reform Act 2009, Section 51, governs property transfers. The Property Registration Authority (PRA) maintains the Land Registry under the Registration of Title Act 1964. Revenue Commissioners require appropriate tax treatment of payments made under the agreement, including VAT under the Value-Added Tax Consolidation Act 2010 where applicable.
Sources & Citations
Statutory citations link to official government sources.
- GDPR Article 6EU – GDPR
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Lodger Agreement (Ireland) (Ireland) [Legal document template]. Forms Legal. https://forms-legal.com/ireland/real-estate/leases/lodger-agreement-ireland
"Lodger Agreement (Ireland) (Ireland)." Forms Legal, 2026, https://forms-legal.com/ireland/real-estate/leases/lodger-agreement-ireland.
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title = {Lodger Agreement (Ireland) (Ireland)},
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howpublished = {\url{https://forms-legal.com/ireland/real-estate/leases/lodger-agreement-ireland}},
note = {Free legal document template. Based on Residential Tenancies Act 2004}
}Also available for these jurisdictions:
Frequently Asked Questions
The distinction between a lodger and a tenant in Ireland is legally significant and determines the level of security of tenure and legal protection available. A tenant has exclusive possession of a defined part of a property (typically a self-contained apartment or house) and has a tenancy governed by the Residential Tenancies Act 2004, which provides substantial protections including Part 4 security of tenure, RTB dispute resolution, and anti-eviction procedures. A lodger is a licensee who occupies a room in a property where the owner also resides, sharing common areas such as the kitchen, bathroom, and living room with the owner. The lodger does not have exclusive possession and their arrangement is governed by the licence agreement (lodger agreement), not the Residential Tenancies Act 2004. This means a lodger does not have the same security of tenure as a tenant — the homeowner can terminate the licence on reasonable notice without using RTB procedures. However, the homeowner must still give reasonable written notice of termination and must not use harassment or illegal eviction methods under the Non-Fatal Offences Against the Person Act 1997.
The Rent-a-Room Relief scheme is a significant tax incentive for homeowners in Ireland who rent out a room in their principal private residence. Under the scheme, rental income of up to €14,000 per year (as of 2024) from renting a room in your home is exempt from income tax, PRSI, and USC. To qualify for the relief: the room must be in the homeowner's principal private residence (the home they live in for the majority of the year); the rental income must not exceed €14,000 per year (exceeding this threshold means the entire amount becomes taxable, not just the excess); the arrangement must be a genuine letting for residential purposes and not a short-term holiday letting arrangement; and the homeowner must be Irish tax resident. The relief is automatically applied and does not need to be claimed separately on a tax return, provided the income is within the threshold. Homeowners must declare the income on their annual tax return (Form 11 or Form 12) and tick the Rent-a-Room Relief box. Revenue guidance recommends that homeowners keep a written lodger agreement to evidence the arrangement.
As a lodger's arrangement is a licence and not a tenancy under the Residential Tenancies Act 2004, the strict notice periods applicable to residential tenancies do not apply. However, the homeowner must give the lodger reasonable notice to vacate, and what constitutes reasonable notice will depend on the circumstances, the duration of the arrangement, the amount of rent paid, and the terms of the lodger agreement. As a general principle, a notice period equivalent to the payment period is considered reasonable — for example, one week's notice for a weekly lodger, or one month's notice for a monthly arrangement. A well-drafted lodger agreement should specify the notice period clearly to avoid disputes. While the Residential Tenancies Act protections do not apply, a homeowner who gives wholly inadequate notice may be exposed to a claim for reasonable compensation in the Small Claims Court. The homeowner must also require that the method of termination does not constitute harassment under the Non-Fatal Offences Against the Person Act 1997, which prohibits harassment regardless of the landlord-tenant relationship.
No. Under the Residential Tenancies Act 2004, Part 4 security of tenure applies only to tenants under a tenancy (not a licence), and specifically only where the landlord is not residing in the same property as the tenant. Section 3(1)(f) of the Residential Tenancies Act 2004 expressly excludes from the Act's protections a dwelling that forms part of the landlord's own home where the landlord and tenant share living accommodation (such as a kitchen, bathroom, or living room). This exclusion is the defining characteristic of a lodger arrangement — the homeowner lives in the property and shares facilities with the lodger. Therefore, a lodger cannot claim Part 4 tenancy rights, RTB dispute resolution, or the anti-eviction procedures available to tenants. If, however, the arrangement were to change such that the homeowner no longer lives in the property (for example, if they permanently move out), the lodger might argue that the arrangement has become a tenancy and that the Act's protections apply. Homeowners should be aware of this risk and ensure their lodger agreement is clear and current.
A Lodger Agreement (Ireland) does not legally require a lawyer in Ireland, and individuals and businesses may draft and execute the document independently. The Residential Tenancies Act 2004 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Ireland lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The High Court of Ireland has jurisdiction over disputes arising from this type of document, and Companies Registration Office (CRO) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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