An excluded occupier is someone occupying your property without the protections that tenants are afforded under the Eviction Act 1977. This category includes:
Lodgers who share kitchen or bathroom facilities with their landlord
Occupants living rent-free (contributions toward bills are not considered rent)
Short-term holiday occupants staying in temporary or holiday-let accommodation
Individuals in emergency accommodation arranged by the local council
Temporarily housed residents living in council, housing association, or charity-run hostels
Asylum seekers accommodated by the Home Office while awaiting a decision
Individuals served with a ‘no right to rent’ notice from the Home Office
Unlike tenants, excluded occupiers don’t have the same legal protections, allowing for faster removal, but you still need to follow proper legal protocols.
The South West Enforcement Experts
With over 30 years’ experience, West Country Bailiffs are regarded as a leading provider of residential eviction services nationwide.
From our strategic location in the West Country, we offer a national reach with our expert enforcement team specialising in tenant and excluded occupier evictions. Serving landlords, agents and businesses, we ensure swift, compliant evictions. Our dedicated bailiffs foster client relationships built on trust and effective results.
Occupier Status Review: We assess whether the resident meets the legal definition of an excluded occupier and identify the most appropriate and legally compliant eviction route.
Notice Drafting & Service: Our legal team prepares and serves fully compliant notices in accordance with current housing legislation, ensuring all procedural requirements are met.
Eviction Management: We coordinate lawful evictions through our experienced and certified enforcement agents, arranging accredited locksmith attendance where required to secure the premises. We can also manage goods left on-site and provide supervised access under a Torts Notice to ensure the lawful and professional removal of belongings.
After-Eviction Support: Comprehensive guidance and assistance are provided for property owners and former occupants to ensure a smooth transition and lawful handover following eviction.
Specialist Legal Advice: We offer expert consultation on the Housing Act 1996 and Protection from Eviction Act 1977to ensure full compliance, protection, and peace of mind throughout the process.
Professionalism: Our team manages every case with discretion, empathy, and respect, ensuring difficult situations are handled calmly and professionally.
Expert Guidance: From drafting and serving a Notice to Quit through to enforcement and resolution, we guide you through each stage with clear advice and full legal compliance.
Fast & Effective Action: We act swiftly to regain control of your property, minimising disruption and reducing the stress associated with eviction processes.
Specialist Expertise: Our team’s in-depth understanding of housing, tenancy, and eviction law ensures your case is managed correctly from the outset.
Discreet & Compassionate: We recognise the sensitivity of these situations and always operate with professionalism, confidentiality, and compassion.
Proven Track Record: With a strong history of successful outcomes, our clients trust us to deliver results in even the most challenging cases.
Comprehensive Service: We provide complete, end-to-end support — from initial consultation through to final resolution and property recovery.
An excluded occupier is someone who lives in accommodation but does not have the same legal rights as a tenant under housing law. This typically includes lodgers who share living spaces (such as a kitchen or bathroom) with their landlord, or individuals occupying accommodation provided on a temporary or informal basis.
Excluded occupiers do not benefit from full protection under the Protection from Eviction Act 1977, meaning the eviction process is simpler and faster than for most tenancies.
In most cases, no court order is required. If the local council or housing authority has ended their duty to house the occupier and has issued notice, the landlord can lawfully proceed with eviction without going through the courts.
This is because excluded occupiers are not protected under the Protection from Eviction Act 1977, and landlords are therefore not legally required to obtain a possession order before reclaiming their property.
Yes. If a local authority accepts a main housing duty and allows the occupier to remain in temporary accommodation on an indefinite basis, that person gains basic protection under the Protection from Eviction Act 1977.
In these situations, the occupier can only be removed through the proper court process by obtaining a possession order.
Although a formal notice period isn’t always required by law, landlords are expected to give reasonable notice — often equivalent to the rental payment period (e.g., one week or one month).
This notice should clearly state the date by which the occupier must vacate the property.
At West Country Bailiffs, we can prepare and serve a legally compliant Notice to Quit on your behalf to ensure the process is handled correctly and respectfully.
No. Reasonable force cannot be used. However, once the notice period has expired, our certificated enforcement agentscan attend to lawfully remove the occupier.
We can also arrange an accredited locksmith to secure the premises, and where goods or belongings are left behind, we’ll serve a Torts Notice and provide supervised access for the lawful removal of personal items.
The process can be completed relatively quickly compared to standard evictions.
Once the notice has expired, eviction can usually be carried out within a few days, depending on scheduling and any additional security or locksmith arrangements required.
Excluded occupiers have limited rights to challenge an eviction, as they are not covered by the same tenancy laws. However, landlords must still follow the correct process and act reasonably to avoid allegations of harassment or illegal eviction.
Our specialist team of solicitors, paralegals, and enforcement agents handle the entire excluded occupier eviction process — from assessing your legal position to serving notices, attending with locksmiths, and securing vacant possession of your property.
We ensure every step is lawful, efficient, and professional, giving you peace of mind throughout the process.
Need help with the removal of an excluded occupier? Let West Country Bailiffs manage the process with expertise and care. Contact us now for more information or to arrange a consultation:
Head Office
Head Office:
Second Floor
Old Bank Chambers
Fore Street, St Marychurch
Torquay, Devon
TQ1 4PR
Cornwall Office:
Penstraze Business Centre
Truro
Cornwall
TR4 8PN
Bristol Office:
Newminster House
29 Baldwin Street
Bristol
Avon
BS1 1LT
