How do you evict a lodger who won’t go?
Although hopefully, this will never happen to you, very occasionally lodger landlords will need to evict their lodger. This page has guidance on this.
Warning
The guidance on this page only applies to lodger landlords who share living accommodation with their lodgers.
This means landlords with lodgers living in their own home where at least some living space (e.g. kitchen, bathroom, sitting room – and preferably more than one room – cupboards, hallways, corridors and stairs etc don’t count) are shared with the lodger (this is explained here).
If your lodger only uses his own room, and in practice does not use any of the rooms used by you, the advice on this page will not apply to you and you should take legal advice.
Note also, that the property must have been your main residence for the whole of the time the lodger has been living there.
If your property is in Wales, please see our Wales page which sets out the rules in Wales. If the lodger’s accommodation is not compliant, it will be an ‘occupation contract’ meaning that you will need to get a court order for eviction.
If you use the procedure set out on this page when you are not legally entitled to, then you will be committing the criminal offence of unlawful eviction. You may also be at risk of being sued for financial compensation, and/or an injunction ordering you to let the lodger back in again. So be warned!
Formal notice to leave
Before following the guidance given in page, you must have given your lodger formal notice to leave. This was discussed here. You can buy a pack of pre-drafted letters to use here.
The effect of this will be to end your lodger’s legal right to live in the property at the end of the notice period.
If your lodger refuses to go
In most cases, your lodger will leave as asked on or before the day given in the notice you have given him. However, in a few cases (and this happens only *very* rarely) your lodger may refuse to move out. If this happens, consider first the following options:
- If your lodger is a student, complaining to his university or college may help. Or have a word with the accommodation office.
- If your lodger came to you via the HR Department of a local employer talk to them about it.
- Have a look at the lodger’s application form. If there are any next of kin, consider contacting them to see if they can help.
However, if none of this helps, you may have no option but to proceed to eviction.
Eviction
If you have a lodger who refuses to go, you can follow the procedure below. Note that save in cases of exceptional bad behaviour (preferably where you have reported matters to the police), you should not use this procedure unless you have given your lodger at least 28 days formal notice to leave.
In all cases, at least one letter giving notice to vacate *must* have been given to the lodger, and the notice period must have expired.
Where you are evicting your lodger for violent or criminal behaviour, you should make sure you will be able to prove this if it is ever challenged by your lodger. This is why getting the police involved when there are incidents, is recommended.
Keeping a diary of events is another good idea.
1. On or shortly before the day the lodger is supposed to move out
Ask him when he will be leaving. If he asks for just a day or two longer, you should normally agree to this, particularly if there is a genuine reason for his request (e.g. if he cannot move into his new accommodation immediately).
Otherwise, proceed as follows.
2. Arrange for the locks on your property to be changed.
This must be done at a time when your lodger is likely to be out for some time – as it will need to be finished before they return.
Don’t warn your lodger of this beforehand as this may prompt them to stay in the property to prevent you doing it.
3. When your lodger returns, refuse to let him in.
It may be best to hand him a letter, when he returns, explaining that he has been evicted and can no longer enter the property.
If you think that he is likely to cause trouble, arrange for the police to be present (it may be a good idea to arrange for this anyway). The police should attend if you tell them that you expect there to be a breach of the peace. If the police will not attend, make sure that you have someone else with you, to act as an independent witness.
If the police are not there and your lodger starts causing trouble, do not open the door (or shut the door before he gets in). Ring the police and ask them to come out immediately. Do not let the lodger back into the property.
It is very important that you use no force or violence whatsoever when evicting your lodger.
If you do, this will put you in breach of the law yourself, and you will be vulnerable to being arrested and prosecuted by the police. This is why a passive eviction process of refusing to allow him back in is recommended.
If your lodger attacks you, you can defend yourself, but you should be careful to avoid any situation where this can happen (e.g. don’t open the door). This is why having a Police presence is so important, as if your lodger becomes violent, they can deal with it for you.
Tip:
Book and pay for one night’s accommodation (or possibly longer if you can afford it and think it appropriate) in a local B&B.
Then at least your lodger will have somewhere to stay that night and cannot accuse you of unreasonably forcing them to sleep on the streets that night.
4. Your lodger will be entitled to have his possessions returned to him.
However, in most cases, he should only be allowed back into your property (e.g. to pack) if there is a police presence.
The traditional way to do this is to pack all the possessions up in black plastic bags and hand them out to the lodger outside. Ideally, the lodger should not be allowed back into the property after the locks have been changed.
If it is necessary for the lodger to enter the property, ideally this should only be with police presence, in particular, if they have been violent in the past.
Tip:
If you are worried about the lodger coming in to collect their possessions:
One lodger landlord who had an exceptionally difficult and unpleasant lodger rented a storage until and moved all her possessions there.
When the lodger was told she had been evicted, he handed her the key to the storage until and said the rental had been paid for one month. She, therefore, had no reason to return to his house.
His view was that this was well worth the cost of one months storage.
5. Under no circumstances should you or anyone in your house let the lodger in again after this.
If he continues to cause problems, consider going to a solicitor and asking for an injunction.
However, it is most unlikely that this will be necessary. In most cases, the lodger will accept the situation, particularly if the police have been involved.
General notes on eviction
The procedure outlined above should only *ever* be used as a last resort, against a lodger who has behaved badly towards you, and who has either been given several warnings and written requests to vacate but has totally ignored them, or who has behaved so appallingly that it is unreasonable for anyone to expect you to allow him to stay in your home any longer.
If you are worried about forcible eviction, it is a good idea to take legal advice first, but make sure it is from someone who knows and understands housing and letting law (preferably a solicitor).
Give them a copy of this article and ask them if, in their opinion, the advice given here (and the section of the Protection of Eviction Act 1977 referred to below) applies to you.
If you decide to proceed without taking legal advice first, and are challenged about your right to evict a lodger in this way without a court order (either by the lodger himself or by any legal advisor on his behalf), tell them that your legal authority is contained in section 3A(2) of the Protection from Eviction Act 1977.
About the Protection from Eviction Act
In the first part of this act, it states that no residential occupier shall be evicted other than by ‘due process of law’ i.e. by obtaining a Court order for possession.
Section 3A of the Act then goes on to list various types of occupation where this rule does not apply – they are described in the act as ‘excluded tenancies and licenses’. Subsections (2) and (3) are the sections which provide for lodgers to be excluded.
You can read Protection from Eviction Act 1977 via this link.
Summary of essential points
- You must have given the lodger written notice to leave
- Unless your lodger’s behaviour was exceptionally bad, you must have given at least 28 days notice (or more if required by your lodger agreement)
- You should arrange for the locks to be changed while the lodger is out
- If you anticipate that your lodger will react violently, ask the police to be present
- Do not let the lodger into the property again, once the locks have been changed unless you have the police with you.
- Your lodger’s possessions should be handed back to him and save where the Police are with you, he should not be allowed into the property to collect them.
Good luck!
Readers Questions
Q: I’ve got a real problem lodger who seems tot spend all day finding out about her rights and entitlements and has now decided to stop paying her rent.
My problem is that I spend quite a fair bit of time away on business, holidays and staying with a frail elderly aunt. I’m concerned that she will claim I’m not a resident of the property although I spend more actual time at home than any other single place.
Can I use the changing locks procedure or would I have to take her to court to evict her?
A: If the property is your main home you should be all right. It sounds as if this is the case. After all business trips and holidays cannot be your main residence. Not can visits to elderly relatives to help them.
It’s only if you actually move out and start living permanently somewhere else that your lodger is going to acquire tenants’ rights.
Mind you, if you decide to evict her, I suggest this is during a period of time when you will not be staying away.
Q: What would your view be on using the courts? I searched the HM-Courts website and found claim form N130 which appears to offer a quick route to criminalising a lodger who stays on without permission. The police could then be called and would be required to remove the lodger?
Can I use the changing locks procedure, or would I have to take her to court to evict her?
A: Form N130 is the application form for an interim possession order. This is really intended for squatters occupying land rather than lodgers outstaying their welcome.
It also involves two court hearings and you have to give an undertaking at the first hearing, that you will let the defendants back in if you do not succeed on the second hearing. Most people will not want to do that.
In the vast majority of lodger situations, Court action is not necessary. As discussed above, the Police should help you anyway if you think the lodger is going to cause trouble, you do not need a court order.
Q: My lodger called the police when I tried to evict her. The policeman shouted at close range to my face that the tenant had ALL the rights and she will leave only when she decides and if I even touch her things the policeman said he will cuff me and drag me out of the house in front of all my neighbours. And he also said the tenant just has to call one more time for me to be dragged out of the house cuffed no questions asked…all this at the top of his voice frightening my little 3 year old daughter who was clinging onto me.
A: If this is correct then the policeman was completely out of order. The police (not all but some) are notorious for knowing very little about housing law and it is not unknown for them to take inappropriate action. Although this sort of behaviour is unusual. I suggest you make a formal complaint to the police and a claim for compensation. You will find a guidance page here.
Q: My lodgers do not share any living accommodation with me. All their rooms have an en suite shower room and I have a separate kitchen for their use. How can I evict them?
A: You would need to obtain a court order to evict them as section 3A of the Protection from Eviction Act will not apply. I suggest you obtain some legal advice – see the telephone advice page here.
Q: What can you advise if your lodger has been allowed back onto your home by the police after changing the locks 7 weeks after serving notice?
A: To a certain extent it depends on what the ex lodger did when let in and if he has caused damage or started living there again. You do not have to let him live there and if necessary can change the locks again (assuming the advice on this site has been followed properly).
But in any event I suggest you register a strong complaint with the police. They are not entitled to allow people into your home without your permission. As mentioned above, the police are notorius for not knowing about or understanding housing law.
It is also possible that you could claim compensation from the police – particulary if the ex lodger did damage to your property.
Ending Index
- Giving your lodger formal notice to leave
- How do you serve notice on your lodger?
- How do you evict a lodger who won’t go?
- What should you do when your lodger leaves?
- How do you deal with a disappearing lodger?
- How do you deal with lodger’s possessions that they leave behind?
- Dealing with post after your lodger has left
Important note
This guide ONLY deals with lodger agreements where you are renting a room to a lodger in your own home.
If you require information about tenancies with resident landlords and Welsh occupation contracts, you need the Landlord Law site.
