Eviction of lodgers
You are a lodger if you:
live in the same home as your landlord
share a kitchen, bathroom or living room with them
Lodgers can be evicted easily.
Get help from your council if you are told to leave and need help finding somewhere to live.
When lodgers can be evicted
When your landlord can evict you depends on if you have a:
rolling agreement
fixed term agreement
Rolling agreements
You have a rolling agreement if you have not agreed a set time to live there. Your landlord needs to give you notice to leave.
Your agreement might say:
how much notice they must give you
if it needs to be in writing
As long as your landlord does what is in the contract, it will be valid.
Your landlord needs to give you reasonable notice if your agreement does not mention a notice period.
What is reasonable notice?
Reasonable notice must be fair to both you and the landlord.
1 month is reasonable in lots of situations.
Sometimes it could be more. For example, if you have lived there a long time.
But it could be less. For example, if you and the landlord find it hard to live together or you have broken your agreement.
Negotiate with your landlord
You could agree extra time to find somewhere else.
Tell your landlord if you need to wait for something. For example, help from the council or you know another place that will be free soon.
Your landlord is more likely to let you stay if you are on good terms.
Fixed term agreements
You have a fixed term agreement if it has a set end date. For example, a 6 month agreement.
Your landlord can only give you notice during a fixed term if the contract says they can.
They need to do what your contract says when they give you notice.
What happens at the end of a fixed term agreement
Your landlord doesn’t need to give you notice if they want you to leave.
You need to agree with your landlord to stay after a fixed term agreement ends.
Notice does not always need to be in writing
Notice only has to be in writing if you have a contract that says so.
If not, your landlord can tell you to leave verbally. For example, a notice still counts if your landlord tells you on the phone.
It's best to ask for something in writing. This makes it easier to sort out disputes and you might need evidence if you ask the council for help.
How your landlord can evict you
Your landlord can 'peaceably evict' you when the notice or fixed term ends.
This means getting you to leave without using threats or violence. For example, they could change the locks while you are out.
Your landlord does not need to go to court to make you leave.
It's a criminal offence for a landlord to use or threaten violence to evict you.
Your belongings
Your landlord must take care of any belongings you leave at the property.
They should let you collect them in a reasonable time.
Get your deposit back
Your landlord should give your deposit back if they do not have a reason to keep it. For example, if you owe rent or damaged the property.
You can take court action to get your deposit back if you and the landlord do not agree.
Last updated: 29 January 2024
