You are probably an excluded occupier if you share accommodation with your landlord.
What is an excluded occupier?
You are probably an excluded occupier if you:
- share accommodation with your landlord
- live in the same building as your landlord and share accommodation with a member of your landlord's family
- live in a council or housing association-run hostel
- do not pay any rent
Use Shelter's tenancy checker if you are not sure what type of tenancy you have.
Right to rent immigration checks
If you are a lodger or have a private landlord you should be asked to prove that you have the right to live in the UK and the right to rent.
This does not apply to you if you moved in before 1 February 2016.
Agreements for excluded occupiers
Your landlord doesn't have to give you a contract. But it's a good idea to have a written agreement in place.
A contract should set out the rights and responsibilities that you and your landlord have.
If you pay a deposit for your accommodation it should be returned to you when you move out.
Your landlord can make reasonable deductions if you owe any rent or cause any damage.
Your deposit doesn't have to be protected in a government-backed tenancy deposit protection scheme.
Rent and rent increases
You pay the rent that you agreed with your landlord.
If you pay rent weekly, your landlord must give you a rent book.
The landlord cannot increase your rent during any fixed-term rental agreement unless:
- you agree to the increase
- there is a rent review clause in your agreement
Your landlord can increase your rent after the fixed term ends or if you don’t have a fixed term agreement.
If you don't pay your rent your landlord can evict you.
If you want to leave
You can leave after you give your landlord reasonable notice.
Reasonable notice should be at least 7 days, but it can be more depending on your circumstances.
The notice usually doesn't have to be in writing.
If you have a written agreement it should say how much notice you must give your landlord and whether it should be in writing.
If you have a fixed-term agreement you can’t give notice to leave before it ends unless:
- there is a clause in the agreement that allows this
- you agree with your landlord that it can end early
Eviction of excluded occupiers
Your landlord can evict you after you have been given reasonable notice to leave. Reasonable notice should be at least 7 days, but it can be more depending on your circumstances.
The notice usually doesn't have to be in writing. Your landlord can just tell you to leave by a particular date.
If you have a written agreement it should say how much notice you should be given and whether it must be given to you in writing.
If you have a fixed-term agreement your landlord cannot tell you to leave before it ends unless there is a clause in the agreement that allows this.
Your landlord doesn't need a court order to evict you.
It is a criminal offence for your landlord to use or threaten violence while evicting you.
Get advice if this is happening to you.
Last updated 02 Nov 2016 | © Shelter
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