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

What counts as a lodger?

A lodger is someone who rents a room in your home while you live there too. The key detail is that you share living space with them, such as a kitchen, bathroom or living room. This arrangement means they have fewer legal protections than a tenant with their own separate property.

If you have been living in the property throughout their stay and you share common areas, the rules below apply to you. However, if your lodger has exclusive use of their own self-contained space, perhaps a bedroom with en-suite and no shared facilities, they may have more rights. In that situation, you should seek specific legal advice before taking any steps.

Landlord Obligations Checker

Tell us about your rental property and find out which UK landlord obligations you must meet right now.

Try our Landlord Obligations Checker free, here on this site →

Giving notice to leave

The first step is to give your lodger written notice asking them to leave. How much notice you need to give depends on what you agreed when they moved in.

If you have a written agreement, check what it says about notice periods. Most lodger agreements require at least 28 days notice, and this should end at the point when rent is next due.

If there is no written agreement, you should still provide reasonable notice. While this is often aligned with how frequently rent is paid, there is no strict legal rule on this. Weekly rent might suggest one week's notice and monthly rent might suggest one month, but 28 days is generally considered the minimum reasonable period regardless of payment frequency. The exception would be situations involving immediate safety concerns.

Put the notice in writing and keep a copy for yourself. A simple letter or email stating the date you want them to leave is enough. There is no official form required.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

If your lodger refuses to go

Once the notice period ends, your lodger no longer has permission to stay. At this point they become a trespasser in your home. You are legally permitted to ask them to leave and to change the locks, but this should only be done when the lodger is out of the property and after all reasonable attempts at negotiation have failed. Seeking legal advice before taking this step is strongly recommended to ensure you have met all requirements.

This differs from evicting a tenant with an assured shorthold tenancy. Because lodgers share your home and have a licence rather than a tenancy, you do not usually need a court order to remove them. That said, some situations may still require mediation or legal guidance to avoid claims of unlawful eviction.

You must act reasonably throughout. Using threats, force or intimidation could land you in trouble, even if you are legally entitled to have them leave. If things become confrontational, step back and consider seeking help from a solicitor or your local council. Citizens Advice also offers free guidance on lodger disputes.

Avoiding unlawful eviction

Although lodgers have fewer protections than tenants, you can still face serious legal consequences for acting unlawfully. If you evict someone without proper notice or use harassment to force them out, they may be able to:

• Apply for a court injunction allowing them to return
• Claim compensation for financial losses
• Report you to the local authority

Even changing the locks can create problems if you have not followed the correct process. Make sure you have given clear written notice and that the notice period has fully ended before you take any action. Accusations of unlawful eviction can escalate quickly and may result in criminal charges in serious cases.

Keep records of everything. Save copies of your notice letter, any text messages or emails, and notes of any conversations. If the matter ends up in court or mediation, this evidence will support your position. You should also check whether your home insurance or any landlord insurance you hold covers disputes with lodgers.

If you feel unsafe at any point, contact the police. While lodger disputes are usually civil matters, harassment or threats of violence are criminal offences.

For official guidance on your rights as a live-in landlord, check the GOV.UK website for current information on what counts as a lodger, how to end a lodger agreement and what to do if things go wrong. Shelter also provides helpful resources for both landlords and tenants dealing with housing disputes.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Landlord Obligations Checker lets you tell us about your rental property and find out which UK landlord obligations you must meet right now. Try it now →