Eviction of lodgers

You can be evicted more easily than most tenants if you live with your landlord

Lodgers and other excluded occupiers

You are a lodger if you live with your landlord and share a kitchen, bathroom or other living accommodation with them. 

Lodgers are 'excluded occupiers'. This means that your landlord can evict you without going to court.

You’ll also be an excluded occupier if either:

  • the accommodation is provided rent free
  • it’s a genuine holiday let
  • you share living accommodation with a member of the landlord’s family and the landlord also lives in the same building

When lodgers can be evicted

Your landlord can peaceably evict you:

  • after giving you notice if you have a rolling agreement
  • without notice if you’re at the end of a fixed term agreement

If you’re still in a fixed term agreement then your landlord can only give you notice to leave if the contract says they can.

Eviction during the coronavirus outbreak

The rules for lodgers haven’t changed during the coronavirus outbreak.

If your landlord asks you to leave but you need to self isolate you can try and negotiate with them to stay longer. Government guidance says they should try and be flexible.

Contact your council if you're facing eviction and need help to find somewhere to live.

Notice if you have a rolling agreement

Your landlord needs to give you notice to leave if you have a rolling agreement. For example, a weekly or monthly agreement.

Your written agreement might say how much notice they need to give you, and whether it needs to be in writing.

As long as the notice follows what it says in the contract then it will be valid.

If your agreement doesn’t say anything about notice or you don’t have a written agreement, then your landlord needs to give you reasonable notice.

Reasonable notice could be short. For example, a week if you pay rent weekly. The notice doesn’t need to be in writing and could be verbal.

Notice during a fixed term agreement

If you have a fixed term agreement, for example 6 or 12 months, you can normally stay until the end date unless the contract says that the landlord can end it early.

If your agreement does say the landlord can end it during the fixed term they need to follow what the contract says about notice.

At the end of a fixed term agreement

Your landlord doesn’t normally need to give you notice if they want you to leave at the end of a fixed term agreement.

How your landlord can evict you 

If you don’t move out at the end of the notice or agreement, your landlord can evict you peaceably.

For example, they could change the locks while you’re out.

It's a criminal offence for a landlord to use or threaten violence while evicting you.

Your landlord could choose to apply to the court to ask for a possession order. As long as you were given the right notice the court must make an order to evict you.

Your belongings

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.

If you paid a deposit

If you paid a deposit then it should be returned to you unless your landlord makes deductions for rent arrears or damage.

If you disagree with deductions you can take court action to get your deposit back.


Last updated 14 October 2020 | © Shelter

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