When most people think of evictions, they often assume the process involves lengthy court applications, possession orders, and county court bailiffs. However, when dealing with a lodger or somebody classed in law as an excluded occupier, the process can be very different. In some situations, landlords may need to know how to evict a lodger legally.
Understanding how to evict a lodger is crucial for landlords facing challenging situations.
When you need to evict a lodger, understanding the legal requirements is essential. At West Country Bailiffs, we regularly assist resident landlords, executors of estates, property owners, and local authorities with the lawful removal of excluded occupiers across England and Wales. In many cases, clients contact us after relationships have broken down, payments have stopped, or an occupier simply refuses to leave despite reasonable notice being given.
If you currently have a lodger or excluded occupier refusing to vacate your property, understanding your legal position, and getting the process right, is critical when you wish to evict a lodger.
What Is an Excluded Occupier and How to Evict a Lodger?
An excluded occupier is usually someone who lives in the same property as the owner and shares living accommodation, such as:
- Kitchen facilities
- Bathrooms
- Living areas
This most commonly applies to lodgers, licensees, friends, family members, or partners who occupy a room within a home rather than holding a formal tenancy.
It’s important to know the steps to evict a lodger without breaching any laws. Because the owner is living at, or has legal possession of, the property, an excluded occupier generally has fewer rights under the Eviction Act 1977 than a tenant. In many circumstances, a court possession order is not required before recovering possession, provided the correct notice has been served and the eviction is carried out lawfully.
This is where many clients become unsure.
Questions we regularly hear include:
- Can I remove them without going to court?
- How much notice do I need to give?
- Can I change the locks?
- What happens if they refuse to leave?
- What if they become confrontational?
Getting this wrong can expose property owners to allegations of unlawful eviction or harassment, so professional support is often invaluable.
The Correct Process
Many clients ask how to evict a lodger while ensuring compliance with the Eviction Act 1977.
Although excluded occupier matters are generally more straightforward than residential tenancy evictions, there is still a process that should be followed carefully.
1. Serve Reasonable Notice
For landlords, knowing how to evict a lodger can prevent legal complications.
The occupier should be given reasonable notice to vacate. What is considered reasonable will depend on the circumstances and the nature of the arrangement. In most cases this needs to be 28 days.
2. Keep Written Records
Always keep copies of:
- Any written agreement
- Payment records
- Communications
- Notices served
This can be essential if the occupier later disputes the arrangement.
3. Professional Attendance
How to Evict a Lodger
If the occupier refuses to leave after notice expires, professional enforcement attendance can often resolve matters peacefully and without court involvement.
Recent Successful Excluded Occupier Eviction – Sidmouth, Devon
Earlier this year, our team was instructed in Sidmouth in what was understandably an emotionally difficult case.
Our client was acting as the executor of her late sister’s estate. Following her sister’s passing, she discovered that her sister’s former partner had recently started renting a room within the property. After the death, the individual remained in occupation and refused to leave.
Landlords often seek guidance on how to evict a lodger without resorting to eviction proceedings.
The executor correctly served a Notice to Quit, giving the occupier a reasonable period to vacate. However, as the notice period came to an end, it became clear the occupier had no intention of leaving voluntarily and wrongly believed they had the same legal rights as a tenant, insisting that a court order would be required.
To make matters more difficult, the occupier had possession of the only set of keys to the property, meaning our client was unable to access her late sister’s home at all.
Learning how to evict a lodger properly can avoid misunderstandings later on.
After reviewing the matter, we confirmed that the notice served was valid and that the occupier was correctly classed as an excluded occupier.
The day after the notice expired, two bailiffs from West Country Bailiffs, accompanied by a locksmith, attended the property.
The matter was dealt with calmly, professionally, and peacefully. Entry was lawfully gained, the occupier was removed without confrontation, and the locksmith changed the locks and secured the property immediately.
The entire matter was completed within approximately three hours.
Importantly, our team also ensured the evicted occupier was treated respectfully throughout the process. We assisted with transporting both the individual and their personal belongings to their new accommodation, ensuring the matter was resolved with dignity and care for all parties involved.
What Our Client Had to Say
★★★★★
“From my first telephone conversation with Jon I was reassured that the situation I was faced with could be resolved quickly and that they would be able to deal with everything for me.
Sadly my sister had recently passed away and I discovered that her ex-partner had recently started renting a room from her and refused to leave the property after her death.
Jon assured me the notice I had given was correct and that they would be able to attend the property the day after the notice expired to evict him, get the locks changed and property secured for me, and that no court order was required.
On the day the two bailiffs were very professional and dealt with the situation calmly and efficiently… within a few hours the property was vacated and I was finally able to access the property for the first time since losing my sister.
I would 100% recommend Jon and the team at West Country Bailiffs. They were worth every penny.”
— Sonia Hawkins
Why Use Professional Enforcement Support?
Every excluded occupier case is different, and many involve highly emotional circumstances.
Using professional enforcement support provides:
Legal Confidence
We review the circumstances carefully and ensure the correct process has been followed.
Reduced Conflict
Our attendance often removes emotion and prevents unnecessary escalation.
Fast Resolution
Many excluded occupier matters can be resolved quickly without court proceedings.
Protection for Property Owners
Professional attendance, reporting, and evidence gathering help protect against disputes or allegations.
Need Help With a Lodger or Excluded Occupier?
If you’re unsure about how to evict a lodger, reach out for professional support.
If you are dealing with:
- A lodger refusing to leave
- A former partner remaining in occupation
- A family member overstaying
- A licensee disputing their rights
- An estate or probate-related occupancy issue
West Country Bailiffs can help.
With over 30 years of enforcement experience, our team provides lawful, professional, and practical support across the South West, England, and Wales. If you need urgent advice regarding an excluded occupier eviction, contact us today.
Our team is here to help you learn how to evict a lodger effectively.
