If you want your lodger to move out

A lodger is someone who lives with you and shares ‘living space’ with you - for example a kitchen, living room or bathroom. Living space doesn’t include corridors, staircases, storage areas or entrances.

Your lodger might live with you for free or pay rent.

A lodger can be your friend, a family member or someone you don’t know. You’re their landlord even if you don’t have a written lodging agreement.

If you have a problem with your lodger, you should try to find a solution before asking them to move out. If you want them to move out, you need to follow the correct legal process.

If your lodger refuses to let you enter your home, you should get legal advice.

Important

If you’re in danger because of your lodger

Call 999 to report them to the police.

If you don’t feel safe but it’s not an emergency, call 101.

Giving your lodger notice to leave

The amount of notice you must give your lodger to move out usually depends on if:

• you have an end date for your agreement

• you can enter your lodger’s room without telling them first

If you gave your lodger an occupation contract

They’re a ‘contract holder’. This means they have more rights than most lodgers - you must give them the correct notice.

You should get legal help if you want to evict a contract holder.

You can give your lodger notice to move out verbally unless your agreement says it has to be in writing.

You don’t need a court order to evict your lodger but you can get one if you choose to.

For example, if they refuse to leave after the notice period has ended, you might choose to get a court order. This would let you use an enforcement officer to make your lodger leave.

You’ll have to pay the court costs upfront, so you should decide if getting a court order is right for you.

If you have an end date for your agreement

You can only evict your lodger if any of the following apply:

• the fixed-term you agreed has come to an end

• the agreement includes a ‘break clause’ - this lets you end it early but you still have to give the notice set out in the agreement

• your agreement says it can end early if your lodger breaks certain terms - and they’ve broken the terms

If you’re evicting your lodger because they’ve broken a term, you still have to give them the amount of notice set out in the agreement.

If the fixed-term ended and you didn’t give your lodger notice, they’ll have a rolling agreement with no agreed end date. If this happens, you must follow the rules that apply to arrangements with no agreed end date.

If you didn’t agree an end date with your lodger

You must give your lodger ‘reasonable notice’ to move out. Sometimes reasonable notice could be a few days, but it’s more likely to be at least a few weeks.

If the agreement includes a notice period that’s longer than the minimum reasonable notice, you must give them the longer period of notice instead.

What’s reasonable depends on things like:

• how long your lodger has lived with you

• how often their rent is due - for example, if rent is due monthly, a month’s notice might be reasonable

• your lodger’s behaviour - for example, if they’ve damaged the property or been aggressive you might give less notice

Example

Andrea shares her living room, kitchen and bathroom with her lodger. Every 2 weeks she washes his bed sheets and cleans his room.

Andrea gave her lodger an agreement that runs from month to month.

The agreement says Andrea must give her lodger 2 months’ notice if she wants him to move out. This means 2 months is the correct notice period.

If Andrea hadn’t agreed on a notice period with her lodger, she would have to give him reasonable notice to leave instead.

If you didn’t agree an end date with your lodger and need permission to enter their room

The notice period should be the same as the ‘rent period’ - the rent period is the amount of time between rent payments. For example, if your lodger pays rent monthly, you must give them a month’s notice.

The notice is only valid if it ends on either the first or the last day of the rent period.

The start of the rent period depends on the date your agreement with your lodger began. For example, if the agreement began on the 2nd of the month, the end of the notice would need to be either the 2nd or the 1st of the month.

If your lodger refuses to move out

If you’ve given them the right notice, they usually have no legal right to be in the property any more.

If you didn’t give your lodger an occupation contract

You can usually take action to make your lodger move out, as long as you don’t threaten or harass them. For example, you could change the locks while they’re out.

If you plan to take this type of action, you should get advice from a solicitor first - if you don’t follow the correct process to make your lodger leave, you might be doing something illegal.

You don’t need a court order to evict your lodger, but you can get one if they’re refusing to move out. This would let you use an enforcement officer to make your lodger leave.

You’ll have to pay the court costs upfront, so you should decide if getting a court order is right for you.

If you gave your lodger an occupation contract

You must follow the correct legal process to evict a contract holder. You should get legal advice to evict your lodger.

If your lodger left any belongings behind

You should arrange a time that suits you and your lodger for them to collect their belongings.

You must keep the belongings safe for a reasonable amount of time. What’s reasonable depends on the situation - for example, if your lodger is unwell and can’t travel you should give them more time.

If your lodger owes you rent, you’re not allowed to keep their belongings to recover the money they owe unless you have a court order that says you can. You’ll need legal advice from a solicitor to get an order from the county court.

If your lodger hasn’t collected their belongings after a reasonable amount of time, you can get rid of them. If you don’t give your lodger reasonable time to collect their belongings, they might make a money claim against you in the county court.

If you paid for the storage or removal of their belongings, you might be able to get the money back from your lodger in the small claims court.

If your lodger paid a deposit

You’ll need to give your lodger’s deposit back to them.

If you protected the deposit in a tenancy deposit scheme, you need to contact the scheme and ask them to send the deposit back to your lodger.

You can take money from the deposit to:

• pay for any repairs - this doesn’t include wear and tear like worn carpets

• pay for something your lodger has damaged or taken - you should look at the condition and value of the original item to work out how much money to ask for

• cover any rent your lodger owes you

If you need to use their deposit, tell your lodger why. You should only use the money to pay for the problem and give them what's left from the deposit.

If you keep more of the deposit than you need, your lodger might take you to court to get the money back. You might have to pay the court costs too.

If the deposit doesn’t cover the amount you need or if your lodger didn’t pay a deposit, you should ask them for the money. If they refuse, you can take them to the small claims court.

Check if you should make a small claim.