How Do You Evict a Lodger Who Doesn't Want to Leave?

Getting a lodger in seems like the perfect solution if you have a spare room and need to make a bit of cash – but if the lodger turns into a pain, and you want your room back, what can you do if they appear to be stuck fast?

If you are living in the same place as your lodger, have lived there for the duration of your lodger’s stay and you share parts of the living accommodation with them (shared kitchen facilities for example) then you can take action to remove them. If your lodger only uses one room, such as a bedroom with an en-suite bathroom, never uses the kitchen or living room, and has a lock on the door that means you can’t enter it, you need to take separate advice as the information won’t apply to you.

Make sure that you don’t try and unlawfully evict a lodger because if you do, not only can they get an injunction to be allowed back in, even if you’ve changed the locks, but they can sue you for financial losses and other compensation.

Give Your Lodger Notice to Quit

Your first step in reclaiming your spare room is to give the lodger official notice to quit. The standard notice period when you ask a lodger to leave is 28 days or more, and it should end at the end of their rental period. For example, if their agreement is weekly Saturdays to Fridays, the notice period should end on the first Friday after the 28 days have expired.

If the notice to quit hasn’t worked and the lodger is refusing to leave, that’s when things start to get tricky. If they are a student, complain to their college or university and ask the accommodation office if they will get involved. Sometimes employers or family members can also help, but if that’s not appropriate, you will have to get formal.

Evicting a Lodger

If you have given the notice to quit and the notice period has expired with no sign of movement, you can start eviction proceedings.Just before the official date that the notice to quit expires, casually enquire when they intend to move out. If they tell you there’s problems with new accommodation and ask for a few days grace, it’s acceptable to agree to this within reason. If your lodger says that they don’t intend to leave, you are well within your rights to have the locks changed when your lodger is out. Prior warning of this isn’t necessary – or indeed advisable – it avoids the problem of said lodger deciding to stay in on the day you have the locks changed!

You may then refuse entry to your lodger. If they cause trouble, you can ask for police assistance, but don’t let them back in. Don’t use any force against them at all, because that puts you in the wrong with the law instead. If they claim to have nowhere to go – it’s not your problem as long as you’ve given them the correct amount of notice.

Of course, the outgoing lodger is entitled to have their property returned. You can arrange to do this, but don’t under any circumstances agree to let the lodger back in alone to retrieve anything. You must also take care not to damage any of their property. If they have caused a scene and you’ve had to call the police out, consider asking whether they will accompany the lodger while they pack.

If you still have problems with the lodger trying to get into the property after you’ve changed the locks, you can ask for an injunction, but you’ll need specialist legal advice if it comes to that.