Can you rent out a room or flat while you work abroad for a year?

Yes, but landlords need to be careful about the type of agreement they use and what happens to their legal status when they leave their home.  As there are lots of additional questions to consider, e.g.,  When renting out my home while working abroad, does your lodger become a tenant? Can I evict a lodger? What happens if a resident landlord moves abroad and wants to move back into a rented property?

For a homeowner who normally lives in their property, renting out a spare room can be relatively straightforward. The situation becomes more complicated if the owner leaves the property for a prolonged period, for example to work overseas for 12 months.

The introduction of the Renters' Rights Act 2025 makes this an important issue for landlords to understand.

Are resident landlords covered by the Renters' Rights Act?

One of the most important distinctions is between a resident landlord and a landlord who lets a property while living elsewhere.  A resident landlord is generally someone who lets part of a property which is their only or main home. GOV.UK confirms that different rules apply to lodgers living with a resident landlord.

This means that the major reforms affecting private rented tenancies—including the abolition of Section 21 and the introduction of assured periodic tenancies—do not simply apply in the same way to genuine lodger arrangements.

A genuine lodger normally occupies under a licence, rather than an assured tenancy. This is an important distinction because a lodger does not generally have the same security of tenure as a private tenant.

For example, if you live in your flat and rent out a spare bedroom while continuing to live there, a properly drafted lodger agreement may be appropriate.

What if you leave the property to work abroad?

This is where landlords need to take particular care.  If you leave your home for a year to work abroad, you may no longer satisfy the requirements for being a resident landlord because the property is no longer your only or main home during that period.

That can fundamentally change the legal position of the person occupying the property.

A common mistake is to think that because the occupier originally moved in as a lodger, they will remain a lodger throughout the landlord's absence. That is not necessarily the case.

The substance of the arrangement matters. A landlord should not assume that simply calling an agreement a "lodger agreement" will prevent the occupier acquiring statutory tenancy rights.

Likewise, giving someone an Tenancy when the arrangement is actually intended to be a licence can create unnecessary complications. The agreement should reflect the genuine legal arrangement.

Can you simply ask a lodger to leave?

Genuine lodgers generally have significantly less protection than tenants.  Where a person is genuinely a lodger living in the landlord's home, the landlord can normally end the arrangement by giving reasonable notice. The notice period may be specified in the lodger agreement and is often linked to the frequency with which rent is paid—for example, a week for weekly payments or a month for monthly payments.

A court possession order is generally not required in the same way as it would be for an assured tenant.  However, this relatively simple position can disappear if the landlord stops being resident and the arrangement becomes a private tenancy.

That is why landlords planning to move abroad should consider the legal status of the occupier before leaving the property.

Renters Rights Act 2026: What changed for Buy to Let Landlords on 1 May 2026?

The Renters' Rights Act changed the private rented sector in England from 1 May 2026.  Section 21 "no-fault" eviction is no longer available for private landlords, and most existing assured shorthold tenancies became assured periodic tenancies. New private tenancies are also generally assured periodic tenancies rather than fixed-term ASTs.

This is particularly important for a landlord who thinks:

"I'll rent my flat for 12 months while I am abroad, then move back in when I return."

That plan needs to be considered carefully.

If the occupier has an assured tenancy, you cannot simply rely on the fact that you originally intended the arrangement to last for one year. The landlord must use an appropriate legal possession ground and follow the required procedure.

What if you want to move back into the property?

The new rules do provide a route for landlords who genuinely need their property back to live in themselves or for a close family member to occupy it.

Ground 1 allows a landlord to seek possession where the landlord or a close family member needs to move into the property.

However, there are important safeguards.

The landlord cannot use this ground to require possession during the first 12 months of a new tenancy, and the landlord must generally give four months' notice before applying to court for possession.

This means that a landlord planning to return from working abroad needs to work backwards from their intended return date.

If the tenant does not leave when the notice expires, the landlord may still need to obtain a possession order from the court.

What if you decide to sell instead?

There is also a specific possession ground where the landlord intends to sell the property.

Ground 1A allows possession where the landlord intends to sell, but again there is a 12-month protected period for a new tenancy and a four-month notice requirement.

There are also restrictions designed to prevent landlords using these grounds simply to remove tenants and immediately re-let the property. In general, the property cannot simply be marketed or re-let during the relevant 12-month restricted period following possession under these grounds, subject to specific exceptions.

What should a landlord do before going abroad?

If you are considering renting out your home while working overseas, don't wait until you have already left.

Before the occupier moves in, establish:

·         Is this genuinely a lodger arrangement or a tenancy?

·         Will the property remain your only or main home?

·         What happens to the arrangement while you are abroad?

·         When do you expect to return?

·         Will you need vacant possession on your return?

·         Could the occupier acquire statutory tenancy rights?

·         What possession ground would apply if you need the property back?

You should also check the normal landlord compliance requirements. Depending on the arrangement, these can include an appropriate gas safety certificate, Energy Performance Certificate (EPC), electrical safety documentation and deposit protection requirements. Non-compliance can complicate possession proceedings. The Renters' Rights Act also introduces additional compliance and enforcement requirements for private landlords.

Landlords should also remember that a Right to Rent check may be required for a tenant or lodger in England before the arrangement begins.

The key takeaway for Buy to Let landlords who want to rent a room, or their flat short term

Renting out a room or your home while you work abroad for a year can be a sensible way of generating income, but the legal status of the occupier needs to be considered before you leave.

If you remain living in your property and rent out a room, a genuine lodger arrangement may be appropriate and the occupier will generally have fewer statutory protections.

But if you leave the property and establish your home elsewhere for an extended period, you should not assume that the occupier remains a lodger simply because that was how the arrangement started.

The safest approach is to plan ahead, use the correct agreement for the circumstances and take professional legal advice where there is any doubt.

For landlords affected by the Renters' Rights Act, the key message is simple: don't make your return date dependent on being able to remove an occupier at short notice. If you may want the property back after working abroad, build sufficient time into your plans and understand the possession rules before the tenant moves in.