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

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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.

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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.

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Ask The Property Landlord a Question
None 11/08/2021 at 9:12 pm
I am 30 years a lodger with my busness partner i have been offered a lease 10 years at a low fee can i be evicted if he went into carei he is in his eighties
Nelda 08/08/2021 at 5:07 pm
I'm renting a room in my home, I would like to ask her to move in 30 days what is the best way or letter to ask her to move MOO
Jan 14/07/2021 at 10:27 pm
My brother-in-law has an ex-girlfriend who moved in some months ago since then the relationship has diminished and fallen apart he has asked to leave numerous times she has refused she's become violent and has damage to property using graffiti and intimidation what are his rights can he have her evicted without notice he feels his life is in danger and we are concerned for his life as well
Nicky 05/06/2021 at 6:20 am
I live in a rooming house with 6others and 2 in the garage and the owners live on the second floor.i had an argument with the landlady and the next day she knocked on my door and gave me a typed letter saying I was disrespectful and racist and therefore I must leave in a weeks time.she also wrote that she wants to terminate our agreement.there was never any agreement and I have done nothing wrong to validate being kicked out in my opinion the whole place is unlawful can someone please help me and give me advice as I have nowhere to go.
Use Doorbell 20/05/2021 at 8:44 pm
I have evicted a very reluctant lodger who I suspect has mild learning difficulties.I initially gave a generous 6 weeks notice.last summer. He eventually left with a major drama 7 weeks ago. I am no charging for leaving a cast amount of belongings in room. He has also agreed to pay for damages to my property. Like peeing through mattress so it's full of black mould in front garden. Through being morbidly obese the entire bed collapsed I presume this now apparent incontinence didn't help. Staining to laminate and various other idiotic wreckage. Although there are items of value, I checked this pile of rap. It also contains bags full of plastic bottles which look like they are full of urine. I have quite bad ortho problems for years where bending and lifting can be very painful and impractical
I want to get it into Storage untihe pays off the rest of the money. But I don't want to get legally responsible for it. Obviously I keep TV and another item of value back just incase... I need that room as home office studio ect. There's alot of storage in there. But his stuff is still sprawled over the big shelves. At least I can get to service meters ect. As he managed idioticly to block them in with hoarding crap. Can I do this, some of his stuff smells, and I don't want to touch it not even TV!?
Qinaide 24/04/2021 at 1:20 pm
I have an ex-wife, son and daughter (both adults) living in MY house and wrecking it. I live in the shed in my garden because the Son threatened me. The daughter is abusive and the ex seems comfortably numb with prescribed medication. I requested a Family meeting to air my views but it was ignored. Solicitor produced a letter requesting they vacate MY property within 14 day and if not complied with a Notice to Quit will be issued. The idea seemed reasonable i.e. ask nicely and then gloves off and tell them to leave. Thing is though this kicking the can down the road is taking its toll on me (in the shed). What should I expect after the Notice to Quit expires (i assume another 28 days) and they are still here? I have no immediate interest in selling the property...after all it is or should be MY home.
Bak 14/02/2021 at 9:52 pm
Hi, I have a lodger in my property where I live alone and share the bathroom and kitchen. I had an agreement with him. In December 2020, I gave a him a notice to vacate according to the agreement. He did not move out after a month in January this year, saying that he would not be able to find alternative accommodation in a months time. I helped to let him stay on with an understanding that he will vacate in February this year. When I asked politely when will he be able to vacate he started giving me indefinite answers. So far he has not moved out. He keeps telling me that he is hoping to find a room by end of this month. During February I allowed him to stay rent free as he really has no money and no regular work. I have doubts that he will actually move out. I am very worried that he may not vacate. He has a very intimidating and rather violent nature. Please guide me how do I make sure that he vacates by end of this month if he does not find a room and again gives me a vague answer. He pops out briefly only. How do I handle his possessions?
Miss 29/11/2020 at 11:12 pm
My lodger keep trying to lock me out I have served them all notices 9 months in total can I get the police to help me in or can I break in I'm going home Wednesday to Hampshire
Anon 08/10/2020 at 12:36 pm
Hello,

I have a lodger who refuses to leave after his notice period. Can I change the locks while he is in my house and prevent any food deliveries to him? Thanks
peetr 06/10/2020 at 11:02 pm
I want to evict my daughter who is lodging with me and her mother(we have a joint Mortgage) she was paying lodging to me (not the full amount that I asked) as she has been very disrespecting and rude towards me and we have not spoken in over a year and the house is very hostile. I have 2 serious conditions now that I never had before and I need her to leave as her presence is causing me stress. Her mother insists that even though I want her to leave she wants her to stay so we are at an impass.
Tom 22/09/2020 at 2:15 pm
Dear Property landlord,

I have served my lodger a months notice, but based on his behaviour I am assuming he will not leave after the notice period has expired. I don't know how he manages it, but he only seems to pop out for food. How can I change the locks knowing he is only out for 5 or 10 minutes at a time? Am I allowed to lock him out and then change the locks? Can I change the locks while he is on the property?

Thanks
Confused 06/08/2019 at 3:50 pm
My house guest is hoarding in my home, and refuses to stop. Most of the rooms are unusable, but there is a mental health crisis whenever I try deal with the problem. His care team refuse to get involved as it is my (rented) home - he has his own home but says he is too vulnerable to live on his own (possibly true). I would like to remove the items and continue the friendship, (hoarding is an illness) but I have been advised that the only way to solve the problem is to go to court to get him evicted, then I can control the property if he doesn't remove it. But would this happen ? He isn't the tenant - I am.
ThePropertyLandlord Editor 13/07/2017 at 3:13 pm
You can see more via the CAB link here which will tell you what your lodger's rights are and what you can do in the circumstances.
Stewie 13/07/2017 at 2:00 am
I have a lodger who refusesto leave. She was the one who gave her notice, i did not force her to leave. On the day she was supposed to move out, she changed her mind. Now she's still here. She's been a nightmare for the past few days. She told me she will leave scratches on the wall of her rented room and she threatened me that i will pay a price and that she will make my life a living hell. She also said she will stay here forever and will pay nothing. What can i do to make her leave? Her notice is up, shall i change the locks?
Thank you
jo 25/03/2017 at 8:35 am
i have a house i let rooms in and has become problematic as council said it is an hmo and ordered i carry out some work there ie different locks doors the tenants single males became awful refusing to let me do the work and got abusive they are so rude to me im a 50 year old woman anyway i served them a months notice in front of council officer who set out the work i cant carry out , the one tenant has upset others smaked canabis on my premises and has stopped paying his rent shelter sent me a letter saying he doesnt need to leave , i am going to move in there and when notice has run out if he4 doesnt leave i will change locks i dont care i will go to court its appalling this man can do what he likes and stay for free cause looked after by the law ....any feedback please ?
PVF54 Editor 22/02/2017 at 9:47 am
@zena - she might be able to bring her to account over the fact she kicked her out of her home without notice. Your friend needs to check her tenancy agreement. Pete.
zena 21/02/2017 at 6:32 am
A friend of mine, in california, is a single lodger renting a room from the homeowner, my friend has a young child and recently the homeowner (who is the landlady and lives there) has been complaining about the mess in my friend's room, and gets into the room unannounced to inspect, verbally harassing my friend accusing her of living like a pig and attracting roaches and no matter what she does to please the demanding homeowner nothing is good enough, she feels bullied and feel helpless her depression got worse and she lost appetite and got IBS all due to the prolonged stress, last thing she got into a quarrel with the landlady after she demanded absurd things with a very short deadline (impossible to meet) then the landlady told her she should've not rented someone with a child and asked her to leave ON THE SPOT! it was midnight on a cold night and she didn't take her keys but locked the door on the inside, my friend had a panic attack and went to the ER and they called the cops to take her back home, my question is: can she sue the landlady for harassment, verbal assault leading to emotional damage and child endangerment (since she kicked her out with the child at midnight with no place to go)? Please advise
b 07/09/2016 at 12:42 am
I have a property which was passed to my children by my late mother in her will.
since 1996 I have let my brother & his family stay there as they had no where to go.
they have never paid any rent since they have been at the property.
now they have a home to go, how can I get them to vacate the property legally?
ThePropertyLandlord Editor 02/03/2016 at 2:31 pm
As we are a UK-based site, we cannot answer your question as the laws differ from country to country.
Upset Homeowner 02/03/2016 at 7:46 am
Hi, I have a Lodger staying in my primary home and was renting a room from me since July 2015. I do have a sighed contract with her, and we do share all common areas. As of today (March 2nd) she's is delinquent in paying January and February's rent, On February 1st I presented her with the 30 day if eviction notice and even tried to work with her stating in the eviction notice that "if she was to pay the full amount of $1060.00 by February 15 that the eviction notice would be voided. Since then she has made faults promises and has disappeared not coming home for this several days at a time. On Friday, February 27 I have a conversation with her regarding her lack of pavement or concerns she swore and promised up-and-down that she was going to be able to pay me in full that same day. I haven't heard from her since Friday, February 27, no phone calls,no messages, no text messages, no nothing. Although she does text message and Facebook's with my son. Which tells me she does have communication to get a hold of me. In the 30 day eviction notice, I stated that after March 1st I would be changing all the locks and all the pass codes to the security alarms systems and as of March 1st to considered herself evicted and liable to trespassing. I also wrote in the eviction notice if she didn't pay by the 15th of Feb. to consider February 1 as the beginning of her 30 day notice to vacate my premises. Since today is March 2 i've already changed all the locks and pass codes to my security system. My question is... Since she decided not to get a hold of me knowing she was going to be evicted as of March 2nd for non payment of two months due rent, but left her property (clothing, unassembled bed, mattress, Computer, pictures in her room, can I take it upon myself to pack her personal belongings in trashbags and put them in the garage for her to pick up? I know that her clothing pictures mattress are exempt from me keeping. But can I keep the computer and her bed and nonessentials go towards the backpay she owes?? Also how long do I need to keep them in stores before they're considered abandoned?
Ellbee 21/01/2016 at 6:23 am
Hi hoping for some advise. I took in a lodger late last year and my circumstances have changed and I have decided to rent the property but not to the lodger. When I told her this she wasn't very happy. I have given her notice to leave - 5 weeks. She has her own business - an online health magazine. I have sinced discovered that she has used my property as her registered address with companies house which I never agreed to. Unfortunately there is no contract in place. I feel very uncomfortable with her around and would like her to leave before the end of the date I originally gave her. I'm also not happy about her using my property as a registered address and intend to speak to her about it but want to know what rights I have as a live in landlord. Many thanks.
Ali 10/12/2015 at 1:40 am
Hi i have 2 lodgers as a couple on housing benefit and have a lodger agreement, for them both which says no maximum or minimum term but 2 weeks notice required, i have served them both notice in writting due to a change in my circumstances and since doing this i have been threatened and intimidated and disturbed when in bed and they are bein a general neisence, ive had police involvment who said i cant get them out befour notice is over and they cant do anything unless damage or violence happens, council also says i need legal advice as told them what was happening and said i was prepared to make them homeless, i feel so alone and have no support from any authority to get these people out my house as i sure they in breech of there tenancy agreement, any information helpfull
ThePropertyLandlord Editor 05/11/2015 at 12:27 pm
As specified in the article, 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 main locks changed when your lodger is out. The CAB whichshould also let you know your lodger's rights, whichIf you need any specific advice, please see Just Answer whichI hope this helps.
Nightmare 04/11/2015 at 3:42 pm
I am a student live in landlord who has a major problem with one of my lodgers. He has been smoking cannabis in his room repeatedly, is a major alcoholic who we have heard having anger outbursts (shouting and slamming furniture), is currently in rent arrears, and a few days ago I gave him 2 weeks notice to leave via email. I just want to make absolutely sure I am not doing anything illegal here, so I will give as many circumstances as I can:

He shares absolutely everything in the house with me, the homeowner. So this means kitchen, bathroom, living room, garden, entrance hall, staircase.

I was away over the summer for 2 months (work experience abroad), and I have been back about 6 weeks, but this is my registered home address.

He has a lock on his room that he has started using since I gave him notice - I did have a spare key (as I have spare keys for all the other rooms in the house as well) but it seems to have gone missing.

He has been living here for 4 months now, so I just want to double check if he classes as a lodger so I know which eviction process to follow.

Any advice would be tremendously helpful as I am at my wit's end here.
Rosie 29/07/2015 at 9:58 pm
I have a Tennant whose contract finished on first of June I have sent his notice to leave as he is on a weekly contract after this date at my discretion.he is being quite verbal .I have discovered he has a registered business from the property without permission and has been using it as a tattoo parlour.the property is very untidy and he is hoarding rubbish what are my rights I gave him one months notice from the first of august and asked him to remove all his property .anything left after this time would be disposed of .have I done the right thing .
Chris Editor 01/06/2015 at 2:52 pm
@charmaine - you need to change the locks and not let him back in!
charmaine 28/05/2015 at 5:18 pm
I asked my lodger to leave he said not a problem he would leave on the 30,, on the 30th I gave his deep bk, and then he refused to go, I called the police let him stay and told me it was OK for this lodger to move his girlfriend in, and there is nothing I could do
ThePropertyLandlord Editor 08/04/2015 at 12:41 pm
@Rainbeau - you need to take the advice laid out in the article. If it gets to the stage where he refuses to leave then as specified 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. I hope this helps.
Rainbeau 05/04/2015 at 8:44 pm
I have a lodger in my home that I also live in, who a few weeks ago got abusive after drinking, slammed doors really hard and said words to abhorrent to repeat!

Since then the atmosphere has been terrible although after I was away for 2 weeks. I am back now although I'm going abroad fopr over a month and I want him out.

He doesn't have a license to occupy contract, he is not on a contract at all.

I took £400 bond off of him when he moved in.

He pays weekly.

He gave me a months notice to move out, I do not want him here that long.

So today I said "he has week, he needs to be out by Sat 11th".

He said "he isn't going to move out, and how am I going to make him"?

I thought as I am a live in Landlord I have the right to get him out?

There isn't a contract to serve?

Some advise would be very appreciated.

Thank you.
Lizzie 23/11/2014 at 10:28 am
My partner moved in three months ago, to my sole owned house, he hasn'tf financially contributed at all, the relationship isn't working and I have asked him to leave but he is refusing, what can I do legally to get him out, Can I legally just change the locks ?
digigi 18/07/2014 at 10:51 pm
We've got similar problem..., we gave them verbal notice a month ago and written one almost a week ago. The last one was for a week only. We don't have any written agreements between us, it was verbal only. I couldn't understand from that article is it important the notice to be written as we have verbal agreements only.

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