Why social housing is a special case
French social housing, known as HLM, is let at below-market rents to households under income ceilings. Subletting is therefore banned by default, and a tenant who quietly takes in a lodger can lose the tenancy. Hosting a young person is one of the few listed exceptions.
The situation is common: an older tenant, widowed or with grown-up children gone, keeps a two- or three-bedroom flat with an empty room. Students, apprentices and young workers struggle to find affordable rooms nearby, so the match makes sense on paper.
Which rule applies to HLM tenants?
Article L442-8-1 of the French Construction and Housing Code sets out when an HLM tenant may sublet part of the home. It covers lodging older or disabled adults and, since a 2018 housing reform, people under thirty. The general homesharing contract created that year then governs the arrangement itself.
Telling the landlord: notice rather than permission
The code speaks of informing the housing body beforehand, not of obtaining a discretionary consent. Several social landlords still ask for a short exchange, mainly to check the lodger’s age and the amount charged. Treating the letter as a courtesy that can be skipped is a serious mistake.
What the notification letter should contain
Send it by recorded delivery. Give the young person’s name and date of birth, the room used, the planned start date, the monthly amount and how it was calculated, plus details of any homesharing charity supervising the match. Keep the delivery receipt with the tenancy papers.
Who qualifies on each side?
The host must be the named HLM tenant and at least 60 years old. The guest must be under 30; studying is not required, and neither is a minimum income. Couples can host when one partner meets the age condition, although checking with the landlord avoids later disputes.
The arrangement suits independent tenants who would like company in the evening or help with heavy shopping. It is not a care package: personal care, medication and nursing remain the job of professional services, and contracts should say so plainly.
When the plan is likely to fail
Rent arrears, an eviction procedure, a flat already overcrowded or a complaint from neighbours all weaken the case. A spare room that doubles as the only passage to the bathroom or kitchen also makes daily life hard for both people.
How much can the young lodger pay?
For sublets authorised by Article L442-8-1, the room’s cost is worked out pro rata to rent and service charges, based on living area. Market pricing is not allowed, which keeps the arrangement affordable and prevents tenants from profiting from subsidised housing.
Worked example: a 65 m² flat costs 520 euros rent plus 130 euros charges, 650 euros in total. A 12 m² bedroom represents 12/65 of that, about 120 euros a month, far below the typical price of a student room in a French city.
Housing benefit and tax
The young lodger can apply to the family allowance fund, the CAF, for personal housing assistance, subject to the usual income and decent-housing conditions. That benefit goes to the lodger and does not change what the tenant owes the housing body.
For the host, money received is in principle furnished-letting income, with an exemption possible when the room is the lodger’s main home and the price stays reasonable. The French Senate examined this exact question for HLM tenants in a 2019 written question.
Setting it up, step by step
Allow a few weeks. Following this order avoids having to go back to the landlord or insurer.
- Find the flat’s exact living area on the tenancy agreement or rent statement.
- Pick the room for the lodger and measure it to calculate the pro-rata amount.
- Contact a homesharing association for an interview and a model contract.
- Notify the social landlord by recorded letter, stating the planned amount.
- Tell the home insurer that an extra occupant will live in the flat.
- Sign the homesharing contract and a short charter listing expected help.
- Carry out an inventory of the room and keep copies of every document.
Who must do what
Four parties are usually involved. The table summarises each one’s main duty and its timing.
| Party | Main duty | When |
|---|---|---|
| HLM tenant aged 60+ | Notify the landlord, respect pro-rata pricing, remain the occupier | Before arrival and throughout |
| Lodger under 30 | Pay the agreed amount, follow building rules | Monthly |
| Social landlord | Acknowledge the notice, check for abuse | On receipt of the letter |
| Homesharing charity | Screen candidates, supply the contract, mediate | Before and during |
What happens to the tenancy itself?
The tenant remains the sole leaseholder and alone owes rent to the housing body. The lodger gains no right to the flat: if the tenancy ends through departure or death, the sublet ends with it and the young person must move out.
French rules on under-occupation and on losing the right to stay in social housing still apply. A local housing information office, called ADIL, can explain free of charge how a lodger is treated in a given situation.
Common pitfalls
Problems in social housing rarely come from the lodger’s behaviour; they usually start with missing paperwork.
- Moving the lodger in without any prior letter, which looks like illegal subletting.
- Charging a private-market price instead of the pro-rata share of social rent.
- Letting the lodger register the address without telling the landlord.
- Forgetting home insurance, although a leak from the room is the tenant’s liability.
- Promising help close to personal care, which goes beyond companionship.
Landlords and charities working together
Some French social landlords have partnered with associations from the Cohabilis network to identify older tenants open to sharing and to secure matches. Erilia, a landlord operating mainly in southern France, publicised such a partnership in 2023.
Readers outside France will find similar debates in Britain or North America, where social and council tenancies also restrict lodgers. The French model is unusual because the exception for under-30s is written directly into housing law.
Frequently asked questions
These answers cover typical cases; unusual situations should be checked with the landlord or the local ADIL.
Can the social landlord say no?
The law requires notice rather than approval. A landlord can still challenge an amount above the pro-rata share, a disguised commercial let or a lodger over the age limit. A complete, costed letter sent in advance greatly reduces the chance of a dispute.
Does the lodger’s income count towards HLM ceilings?
The lodger is not a joint tenant and is not part of the household declared at allocation. Rules on the solidarity rent supplement are complex, though, so asking the landlord for written confirmation before the annual income survey is a sensible precaution.
Is hosting two young people allowed?
Nothing in principle rules out two lodgers if two rooms are free, but each payment stays pro rata and the flat must not become overcrowded. In practice, associations usually advise starting with one person and reviewing after several months.
What if the host moves into a care home?
The lodger cannot stay alone, because they hold no right to the social tenancy. Contracts generally provide a notice period, and the supervising association normally helps the young person find temporary accommodation quickly.
Useful organisations and resources
- Cohabilis homesharing fact sheet — Summary from France’s national network of homesharing associations, explaining how matches work and where local groups operate.
- Erilia and Cohabilis partnership release — Example of a French social landlord teaming up with homesharing charities to offer the scheme to older tenants.
- AGE Platform Europe – intergenerational housing initiatives — European older people’s network describing homesharing schemes pairing students with isolated older residents.
Official and legal references
- Article L442-8-1, French Construction and Housing Code — Official text listing the subletting cases open to French social housing tenants, including lodgers under thirty.
- French Senate written question on tax for HLM homesharing (2019) — Parliamentary question and ministerial answer on how income from hosting a young lodger in social housing is taxed.
- ADIL 94 note on losing the right to remain in social housing — Legal note from a public housing information agency on under-occupation and tenancy rights in French social housing.
