1. A lodger lives in the landlords home and shares living accommodation.

So if the occupier lives in the granny flat and only shares a hallway, he will be a tenant.

2. The landlord must live in the property throughout the time the lodger is there.

Likewise, if you move out while the lodger is still there, then the lodger will become a tenant. This is only if you move out permanently, its all right to go on holiday for a few weeks.

3. The lodger must not have ‘exclusive occupation’.

This means, basically, that you must not let him put a lock on the door of his room (or indeed any other room) and keep you out.  You must maintain the right to go in the room from time to time, although respecting your lodgers privacy at all times.

If your lodger has a lock on his door and you do not have a key, and you have not entered the room without his permission for several months or years, then he may well have a tenancy.