How to Evict a Lodger The Right Way in the UK

Before you even think about asking someone to leave your home, you need to be absolutely certain about their legal status. This isn't just about using the right words; it’s the single most important step in the entire process. Getting it wrong can land you in serious legal trouble.

The entire process for removing a lodger versus a tenant hinges on one simple fact: do you share living space?

Understanding Your Lodger’s Legal Status

The rights and procedures for ending a lodging arrangement are fundamentally different—and thankfully, much simpler—than those for a formal tenancy. The law draws a very clear line in the sand.

If you, the live-in landlord, share a kitchen, bathroom, or living room with the person renting a room, they are legally a lodger. This is also known as being an 'excluded occupier', and it means they have very limited tenancy rights. Think of it this way: you're renting out a spare bedroom in the home you actively live in. That's a classic lodger situation.

On the other hand, if you let a self-contained flat—even if it's part of the same building you live in, but has its own front door, kitchen, and bathroom—you've likely created an Assured Shorthold Tenancy (AST). In that case, the person is a tenant, not a lodger, and has far greater legal protection.

Confusing these two can lead to accusations of illegal eviction, which is a criminal offence with hefty fines and even potential imprisonment.

The Defining Line Between Lodger and Tenant

It’s worth repeating: the distinction isn't based on what you’ve called the person or even what your written agreement says. The law looks at the practical reality of your day-to-day living arrangement. Getting this right from the very beginning saves you from heading down a much more complicated, expensive, and stressful legal path.

This simple decision tree gets to the heart of the matter.

As you can see, that single question about shared facilities is the key that unlocks the whole process. So, why is this so critical?

Because the steps to evict a lodger are designed to be quicker and less formal. You don't need a court order to end the agreement, and the notice period you have to give is much shorter. For a tenant, you’d be tangled up in formal procedures involving Section 21 or Section 8 notices, followed by a lengthy court process.

To make it crystal clear, here’s a quick comparison of the main legal differences.

Lodger vs Tenant Key Legal Differences in the UK

Understanding these distinctions is your first line of defence against making a costly mistake.

Key Takeaway: Shared spaces are the deciding factor. If you share a kitchen or bathroom, they are a lodger. This gives you a much more direct route to regaining your room compared to the complexities of a formal tenancy.

Why Getting the Status Right Matters More Than Ever

Confirming your occupier is a lodger is especially important right now, as the formal court eviction process for tenants is taking longer than ever. Recent statistics paint a stark picture: in Q2 2025, the average time for a landlord to regain possession through the courts rose to 28 weeks. That’s an increase of 2.4 weeks from the previous year. You can read more about these UK eviction trends and what they mean for landlords on landlordsguild.com.

These delays underline the huge advantage of having a lodger agreement. It’s designed to help you avoid those exact protracted and costly court proceedings.

Ultimately, taking a few minutes to confirm your lodger's status is the smartest thing you can do. It ensures every step you take from this point forward is lawful, effective, and uses the correct, simplified process available to homeowners sharing their property.

Once you've confirmed you're dealing with a lodger, not a tenant, the path to ending the arrangement is much more straightforward. The next step is a crucial one: giving them 'reasonable notice' to leave. This isn't just a casual chat; it's a formal communication that needs to be handled correctly to avoid any confusion and establish a clear, legal end to their stay.

The good news? It’s far simpler than the rigid Section 21 or Section 8 notices required for tenants. Your main legal duty here is simply to be ‘reasonable’.

So, What Exactly is "Reasonable Notice"?

The term 'reasonable' can feel a bit vague, but in practice, there’s a very strong, widely accepted guideline: the notice period should match how often they pay you rent.

It’s a simple principle that judges almost always stand by.

• Pays rent monthly? You need to give them one full calendar month's notice.
• Pays rent weekly? A minimum of one week's notice is considered reasonable.

Sticking to this payment-cycle rule is the safest and most common standard. If you try to give less notice without a very good reason, you could find yourself on shaky ground if a dispute ends up in court.

Always align the notice period with the rental payment cycle. It’s the simplest way to prove you’ve acted fairly and within the spirit of the law, which makes your position much stronger if challenged.

Why You Absolutely Must Put It in Writing

You can technically tell your lodger they have to leave, but relying on a verbal conversation is a huge mistake. A formal, written 'Notice to Quit' is non-negotiable if you want to protect yourself. It creates an undeniable paper trail, a clear record of when the notice was served and the date the lodger is expected to be gone. This document becomes your most critical piece of evidence.

Without it, a lodger could simply claim you never asked them to leave. That would put you right back at square one, causing huge delays and a lot of unnecessary stress. A written notice shuts down that possibility completely.

Your notice doesn't need to be full of legal jargon. Just keep it polite, firm, and to the point.

Here’s a straightforward template you can adapt. Just replace the information in the square brackets [ ] with your specific details.

Sample Notice to Quit for a Lodger

[Your Full Name]
[Your Address]
[Date]

To: [Lodger's Full Name]

I am writing to give you notice to end your lodging agreement for the room at [Your Address].

You are required to vacate the property on or before [Date of leaving]. This date is at least [one month/one week/etc., depending on rental period] from the date of this letter.

Please ensure all personal belongings are removed and the room is left in a clean condition by this date.

Sincerely,
[Your Signature]
[Your Printed Name]

This template is simple but does the job perfectly. It clearly states the required departure date, ticking the box for your legal duty to provide reasonable notice.

How to Serve the Notice the Right Way

Just writing the letter isn’t enough—you have to be able to prove they got it. How you deliver the notice is just as important as what's in it. You need a method that creates a clear record.

Here are the most reliable ways to serve the notice:

• In-Person with a Witness: Hand the notice to your lodger with a neutral person present (a friend or neighbour will do). Both you and your witness should sign and date a copy of the notice, noting the time it was delivered.
• Get a Signed Copy: The best-case scenario. Ask your lodger to sign and date a duplicate copy of the notice to confirm they’ve received it. This is simple, powerful evidence.
• Tracked Post: If you can't deliver it in person or you're expecting things to be difficult, use a service like Royal Mail's 'Signed For' delivery. The delivery confirmation receipt acts as your proof of service.

As soon as you’ve served the notice, make a copy for your files. Keep it somewhere safe along with the original lodger agreement and your records of rent payments. Meticulous record-keeping like this is your best defence if your lodger refuses to leave and you have to take the next step.

What to Do When Your Lodger Won't Leave

You’ve done everything by the book. You gave the correct notice, the final day has come and gone, but your lodger is still there. This is the scenario every live-in landlord dreads, turning what should be a simple process into a stressful standoff in your own home.

The single most important thing to do right now is to stay calm and stick to the proper legal path. What you do next is critical, and a single misstep could land you in serious legal trouble.

Resist the Urge for "Self-Help" Eviction

Your first instinct might be to change the locks while they're out, pack their belongings into boxes, or even physically block them from getting back in. Do not do this under any circumstances. These actions are classed as an illegal eviction, which is a serious criminal offence in the UK.

Even though they've overstayed their welcome, your lodger still has rights until they are lawfully removed. Taking matters into your own hands can lead to a world of pain:

• A criminal record: An illegal eviction can result in prosecution.
• Heavy fines: The courts can impose significant financial penalties.
• Civil claims: The lodger could sue you for damages.

Trust me, this route only leads to more stress, more expense, and a legal mess. The lawful way forward, while it might feel slower, is the only safe way to regain control of your home.

The Lawful Path: Applying for a Possession Order

When a lodger digs their heels in and refuses to leave after their notice is up, your only legal option is to apply to the county court for a possession order. This is a formal order from a judge, compelling the person to leave your property by a specific date.

It’s crucial to understand that even as a live-in landlord dealing with an excluded occupier, you cannot physically remove them yourself. Only court-appointed bailiffs, acting on the authority of that possession order, can legally do so.

It’s incredibly frustrating having to go through the courts when it’s your own home, but this process is your legal shield. It ensures you are acting within the law and protects you from any accusations of harassment or illegal eviction.

Going to court can seem daunting, but it’s a structured process designed to resolve exactly these kinds of disputes. Be prepared for it to take time. The court system, particularly in major cities, is incredibly busy with repossession cases. In 2024, London alone saw 9,558 repossession cases, with nearly half being no-fault evictions, showing just how much housing disputes have risen since before the pandemic.

Gathering Your Evidence for Court

To get that possession order, you need to present a clear, organised case to the judge. Your paperwork is everything here. Before you even think about starting the application, get all your documents in order.

Your evidence file should contain:

• The original, signed lodger agreement.
• A copy of the written Notice to Quit you gave them.
• Proof that they received it – for instance, a signed receipt from the lodger or a 'Signed For' delivery confirmation.
• A record of all rent payments, which clearly shows any arrears if that’s part of the issue.
• Copies of any relevant communication (emails or texts) about ending the agreement.

Having this information ready to go will make the application process much smoother and shows the court you've followed the correct procedure from the start. The clearer your evidence, the more straightforward the hearing is likely to be. If the process feels overwhelming and you're unsure of your next steps, feel free to get in touch with our team.

One final thought: if the lodger eventually leaves belongings behind, you are responsible for looking after them for a reasonable period. This might mean you need to think about practical things like the cost of furniture storage while you wait for them to be collected. For now, starting the court process is the first formal step to resolving this and finally moving forward.

Avoiding Common Pitfalls and Illegal Eviction

When tensions are high and you just want your space back, it’s all too easy to make a costly mistake. But understanding what not to do when evicting a lodger is just as critical as knowing the right steps. One wrong move can turn a straightforward process into a legal nightmare, with the risk of fines or even a criminal record for illegal eviction.

The path of least resistance might look tempting, but it’s often lined with legal landmines. Actions that feel like a quick fix—like changing the locks or shutting off the Wi-Fi—are seen as harassment and will completely undermine your position if things end up in court. Staying on the right side of the law is your best protection.

Actions That Constitute Illegal Eviction

Illegal eviction isn't just about physically forcing someone out. It’s a broad term that covers any action taken to make a lodger’s life so difficult they feel they have no option but to leave. This is a serious offence, and the courts take a very dim view of homeowners who decide to take the law into their own hands.

Here are the classic mistakes you must avoid at all costs:

• Changing the locks: You cannot lock your lodger out while their belongings are still inside, even if their notice period is up.
• Removing their belongings: Packing up their things and leaving them outside is a textbook example of an illegal eviction.
• Cutting off utilities: Intentionally turning off the heating, electricity, hot water, or internet is considered harassment.
• Using threats or intimidation: Any form of verbal or physical intimidation used to make them leave is unlawful.

Picture this: your lodger's notice period has ended, but they’re still there. Frustrated, you change the front door lock while they're at work. This one action immediately puts you in the wrong. The lodger could call the police, and you could face legal proceedings for unlawfully depriving them of their home.

The Wider Context of Evictions in the UK

The pressure on the UK rental market has made housing security a huge political issue, and the legal landscape is under constant review. For instance, 'no-fault' Section 21 evictions for tenants have seen a dramatic rise, with 11,400 households evicted by bailiffs between July 2024 and June 2025—an 8% increase on the previous year. This contentious issue highlights just how seriously courts treat tenants' and lodgers' rights. You can find more insights on the rise of no-fault evictions at wsws.org.

While the process for lodgers is different, this backdrop reinforces why you absolutely must act impeccably.

Key Takeaway: Your frustration is understandable, but your actions must remain lawful. Any attempt at a "self-help" eviction will backfire, giving the lodger legal grounds to take action against you and making it much harder to get your room back.

A Simple Checklist for a Lawful Process

To keep yourself on the straight and narrow, stick to this simple list of dos and don'ts. It’s your best defence against falling into the common traps.

Do:

• Keep meticulous records of everything, from the original agreement to the notice you served.
• Always remain calm and polite in all communications, even if the lodger is being difficult.
• Follow the legal path by applying for a possession order if they won't leave after their notice ends.
• Seek legal advice if you are even slightly unsure about any part of the process.

Don't:

• Never change the locks or restrict your lodger's access to their room or shared facilities.
• Do not touch or move their personal belongings.
• Avoid withholding services like utilities as a way to pressure them into leaving.
• Do not get drawn into arguments or use threatening language.

By sticking to these guidelines, you keep the legal high ground. For more practical advice on managing shared living situations, you can find a wealth of information on the Rooms For Let blog. Your goal is a peaceful resolution, and that can only be achieved by following the correct and lawful procedure from start to finish.

Drafting a Strong Future Lodger Agreement

The easiest eviction is the one you never have to do. While it’s crucial to know the legal steps for removing a lodger, prevention is always the best strategy. Getting the arrangement right from day one is your most powerful tool for a smooth, conflict-free experience.

It all starts with finding the right person. Rushing to fill a room can easily lead to headaches down the line, so take your time to properly vet anyone you’re considering. Think of it less like a quick transaction and more like an interview for someone who will be sharing your personal space.

Finding the Right Fit

A friendly chat can tell you a lot about a person’s lifestyle and expectations. Ask about their work schedule, social habits, and what they’re looking for in a living situation. The goal isn’t to be intrusive but to make sure your daily routines will actually work together.

Beyond the interview, running a few checks is just common sense. To minimise risks, landlords should consider conducting thorough background checks as part of their screening process. At the very least, you should ask for:

• References from a previous landlord: This gives you invaluable insight into what they’re like as a lodger and whether they pay on time.
• Proof of employment: A letter from their employer or a couple of recent payslips confirms they have a stable income.

This isn't about being mistrustful; it's about making an informed decision for your own peace of mind and security. Once you’ve found someone suitable, the next step is getting a rock-solid lodger agreement in place.

Key Elements of a Solid Lodger Agreement

A lodger agreement isn't just a bit of paper; it’s a clear, written record of the rules and expectations for both of you. It manages expectations from the get-go and gives you something to refer back to if any disagreements pop up. A verbal agreement might be legally binding, but it's notoriously difficult to prove.

Your agreement should be comprehensive, covering all the important bits of the living arrangement.

Your agreement must clearly state:

• Rent Details: The exact amount, the payment date, and how it should be paid (e.g., bank transfer). Make sure to include details on any deposit taken and the conditions for its return.
• Notice Period: Specify the amount of 'reasonable notice' required from either of you to end the agreement. Aligning this with the rental period (e.g., one month) is standard practice.
• House Rules: Be explicit. This is where you cover smoking, pets, noise levels (especially after a certain time), and who’s responsible for cleaning shared areas.
• Guest Policy: Outline the rules for having overnight guests. How often is it okay, and do you need a heads-up in advance?

A detailed agreement is your first line of defence. By clearly defining boundaries and responsibilities upfront, you massively reduce the chances of misunderstandings that could escalate into a situation where you need to evict.

Putting the effort in at the beginning saves an immense amount of potential trouble later. It establishes a professional and respectful foundation for the entire time they’re with you. When you're ready to find your next lodger, you can start the process by registering as a landlord to connect with thousands of potential room-seekers across the UK.

Your Top Questions Answered

When you’re trying to figure out how to ask a lodger to leave, it’s completely normal to have a few urgent questions swirling around. The process can feel like a legal minefield, and the last thing you want is to make a costly mistake. Let’s tackle some of the most common queries landlords have.

Can I Just Change the Locks if My Lodger Won't Leave?

This is easily the most common question we hear, and the answer is a hard no. Even if the notice period has ended and they’re officially overstaying, you absolutely cannot change the locks while their belongings are still inside.

Doing so is a textbook illegal eviction. It doesn’t matter how unreasonable they’re being; that one action puts you firmly on the wrong side of the law. You could be facing legal action from the lodger, which often leads to hefty fines and a whole lot of unnecessary stress.

The only way to legally remove a lodger who is refusing to go is to get a possession order from the court. Yes, it’s an extra step, and yes, it’s frustrating. But it’s the only thing that protects you.

Key Takeaway: Taking matters into your own hands by changing the locks is the fastest way to lose all legal high ground. Stick to the official court process – it's there for your protection as much as theirs.

What if My Lodger Has Stopped Paying Rent?

If the rent stops coming in, your first move should still be to serve a formal, written 'Notice to Quit'. While you don’t technically need a reason to ask a lodger to move out, non-payment of rent is a clear breach of your agreement and makes your position undeniable.

This strengthens your case massively if you end up in court. It’s vital to keep a meticulous, dated record of every missed payment. A simple log showing the due date and the payment status is perfect. This paperwork becomes crucial evidence if you later decide to make a separate court claim to recover the unpaid rent.

Do I Need a Written Agreement to Evict a Lodger?

A proper written lodger agreement is always the gold standard, but not having one does not stop you from evicting a lodger. Their legal status is defined by the living situation itself – the fact they share living spaces like a kitchen or bathroom with you – not by a piece of paper.

You can still give 'reasonable notice' verbally. The problem is, a verbal notice is just your word against theirs, which can get messy fast. A written notice provides a clear paper trail that’s easy to prove, removing any doubt about when you asked them to leave and the date they need to be out by.

How Much Notice Do I Really Have to Give?

The law simply states you must give 'reasonable notice', which feels a bit vague. Thankfully, there’s a clear and accepted best practice: align the notice period with their rent payment cycle.

• If they pay you monthly, you need to give them one full month's notice.
• If they pay you weekly, you give them one week's notice.

Sticking to this rule is your safest bet. It shows you’ve acted fairly, which is exactly what a judge would want to see if things escalate. Trying to cut corners with a shorter notice period is a risky move that could easily backfire and complicate the entire process.

Navigating the world of letting a room can be tricky, but you don’t have to figure it all out on your own. At Rooms For Let, we help homeowners connect with thousands of potential lodgers across the UK, giving you the tools and advice needed for a smooth, stress-free arrangement right from the start. Advertise your spare room with us today and find your ideal lodger the safe and simple way.