Eviction of excluded occupiers

If you are an excluded occupier your landlord can evict you easily. They don't have to give you notice in writing or go to court to evict you.

Are you an excluded occupier?

You are an excluded occupier if you are a lodger, sharing the kitchen, bathroom or other living accommodation with your landlord.

You are probably also an excluded occupier if you live:

  • in the same building as your landlord (as long as that building isn't a block of flats), and you share the kitchen, bathroom or other living space with a member of your landlord's family
  • rent-free (but not if you work for your landlord and your pay is reduced to cover the 'rent')
  • in a hostel run by a local council or a housing association
  • in temporary accommodation arranged by the council while it is looking into your homelessness application

Find out more about the rights of excluded occupiers.

Notice for excluded occupiers

You can stay in your accommodation until your landlord asks you to leave or for as long as your written agreement says.

Your landlord should give you reasonable notice to leave. If you have a written agreement (such as a licence agreement) it should say how much notice you should be given.

Notice can be given verbally. Your landlord doesn't have to give you notice in writing unless your tenancy agreement says they should.

Your landlord doesn't have to get a court order for you to leave when the notice expires.

If you paid a deposit, you may need to take court action to get it back.

After the notice ends

If your landlord gives you notice, you must leave when the notice period ends. Your landlord can insist that you leave if you have not already done so.

If you don’t move out, your landlord can change the locks while you’re out.

Your landlord must take reasonable care of any belongings you have left at the property. They should contact you and make arrangements for you to collect your belongings within a reasonable time.

Your landlord can sell or dispose of your belongings if you do not collect them within a reasonable time or if they cannot make contact with you.

It is a criminal offence for the landlord to use or threaten you with violence while evicting you.

Your landlord does not need to go to court to evict you. But they could decide to ask for a possession order from the court. The court must make an order to evict you, as long as you were given reasonable notice.

If you are told to leave

Get advice immediately if you're being evicted with very little notice or no notice.

Call Shelter's free helpline on 0808 800 4444 or contact a local advice centre.

Use Shelter's directory to find advice centres in your area.

 

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