Understanding Who a Lodger Is
A lodger is someone who rents a room in the home where their landlord also lives. In UK law, a lodger is known as a “licensee” rather than a tenant. This distinction is important because it affects the rights and responsibilities of both the homeowner and the person renting the room.
Unlike tenants, lodgers do not have exclusive use of any part of the property. They usually share living spaces such as the kitchen, bathroom, or lounge with their landlord or the landlord’s family. For example, if you rent out a spare room in your own home and continue to live there, the person staying is likely a lodger. If you move out and rent the whole property to someone else, that person would be a tenant, not a lodger.
Lodgers usually have a more informal arrangement. They might pay rent weekly or monthly and often have access to shared facilities. Sometimes, landlords provide extra services, such as cleaning or meals, as part of the agreement. These arrangements can be flexible, but it’s still important to have a clear written agreement to avoid misunderstandings.
The rules for evicting a lodger are different from those for evicting a tenant. Because lodgers live in the landlord’s home and share spaces, the law gives resident landlords more flexibility to ask them to leave. Lodgers do not have the same legal protections as tenants, such as protection from eviction under the Housing Act 1988. This means that the notice period can be shorter, and court proceedings are rarely needed.
Understanding whether someone is a lodger or a tenant is crucial before starting the eviction process. It affects what notice you need to give and the steps you must follow. For a deeper look at the rights and responsibilities involved, see our guide on Legal Rights and Responsibilities of Lodgers.
Rights and Responsibilities of Homeowners and Lodgers
When you take in a lodger, you are sharing your home with someone who rents a room but does not have exclusive use of the whole property. Both homeowners and lodgers have important rights and responsibilities that should be clearly understood from the start.
Homeowner’s Rights and Control
As the homeowner (also known as the resident landlord), you retain full control over your property. This means you can decide who stays in your home and set reasonable house rules. You also have the right to ask your lodger to leave, provided you follow the proper notice procedures. However, you must respect your lodger’s right to privacy in their room and cannot enter without permission except in emergencies.
For more on how to manage agreements and your property, see our guide on Renting Out Your Property.
Lodger’s Rights and Protections
Lodgers have fewer legal protections than tenants, but they are still entitled to fair treatment. A lodger cannot be evicted without reasonable notice, and their deposit should be returned unless there is a valid reason to keep some or all of it (such as unpaid rent or damage). Lodgers are also protected from harassment and illegal eviction.
To better understand what rights lodgers have, you can refer to Check your rights as a lodger – Citizens Advice, which offers clear guidance on legal protections.
Rent, Notice, and Agreements
Both parties have responsibilities regarding rent and notice periods. Lodgers must pay rent as agreed, usually weekly or monthly. Homeowners should give “reasonable notice” if they want a lodger to leave – typically the length of the rental period (for example, one week’s notice if rent is paid weekly). Giving notice in writing is always best to avoid disputes.
It’s also wise to have a written agreement or set of house rules from the start. This document should outline the rent amount, notice period, shared spaces, and any rules about guests or noise. Having clear terms helps prevent misunderstandings and makes it easier to resolve issues if they arise. For more detail on what should be included, see Lodgers and Resident Landlords.
Understanding these rights and responsibilities is key to maintaining a positive and lawful arrangement between homeowners and lodgers.
Giving Notice to a Lodger
When you decide to evict a lodger, the first and most important step is to give them proper notice. This helps ensure the process is fair and reduces the risk of legal disputes.
How Much Notice Should You Give?
The amount of notice you must give depends on your agreement with the lodger. If you have a written agreement, check if it specifies a notice period. If not, the standard advice is to give at least the length of the lodger’s rental payment period. For example, if your lodger pays weekly, one week’s notice is typical. If they pay monthly, give one month’s notice.
However, it’s always best to be as clear as possible. Giving more notice than the minimum required can help maintain a good relationship and avoid misunderstandings.
What Form Should the Notice Take?
While you can give notice verbally, it’s strongly recommended to put it in writing. A written notice provides a clear record of your request and the date the notice was given. This can help prevent confusion or disputes later on.
Your written notice should include:
- The date the notice is given
- The date you expect the lodger to leave
- A clear statement that you are ending the lodging arrangement
If you’re unsure how to word your notice, you can use customisable eviction notice templates to make sure you include all necessary details.
Examples of Acceptable Notice Periods
Here are some typical notice periods:
- Weekly lodger: 1 week’s notice
- Monthly lodger: 1 month’s notice
- No written agreement: At least the period between rent payments
Always check your agreement first, as it may require a longer notice period.
Informal vs Formal Notice
An informal notice might be a conversation or a quick note. While this can work if you have a good relationship, it’s safer to use a formal written notice. Formal notices are more professional and provide proof if any issues arise.
Why Proper Notice Matters
Giving proper notice protects both you and your lodger. It shows you are acting fairly and gives your lodger time to find alternative accommodation. Failing to give the correct notice could lead to legal problems, such as claims of unlawful eviction.
For more information on the legal requirements for giving notice, you may find our guide to Giving Notice to End Your Tenancy helpful, as it covers similar issues for different types of rental arrangements.
Taking the time to follow the correct steps helps ensure a smooth and lawful eviction process.
The Legal Process for Evicting a Lodger
If your lodger refuses to leave after you have given them proper notice, it is important to follow the correct legal process. Unlike tenants, lodgers have fewer rights, but you must still act lawfully and respectfully to avoid legal trouble.
What to Do If a Lodger Stays After Notice
First, make sure you have given the correct notice in writing. The notice period is usually the same as the lodger’s payment period (for example, one week if they pay weekly). After the notice expires, if the lodger does not leave, you can ask them to go, but you must not use force or change the locks while they are still in the property.
If the lodger still refuses to leave, you may need to involve the police if the situation escalates. However, for most cases, it is better to seek a peaceful resolution. Keep communication calm and professional, and explain the situation clearly. Document all your actions and communications in case you need evidence later.
When Court Action Might Be Necessary
Court action is rarely needed with lodgers, but it can become necessary if the lodger refuses to leave and will not cooperate. In these cases, you may need to apply for a possession order through the courts. This process is different from evicting a tenant and is generally quicker and less formal. For step-by-step guidance on ending a lodger’s stay, refer to the official GOV.UK advice on ending a letting.
Why Section 21 and Section 8 Notices Do Not Apply
Some landlords mistakenly believe they need to serve a Section 21 or Section 8 notice to evict a lodger. These notices are part of the Housing Act 1988, Section 21 and are designed for assured shorthold tenants, not lodgers. Lodgers are classed as “excluded occupiers,” so you do not need to follow the same procedures used for tenant evictions. If you want to learn more about the differences between lodgers and tenants, see our guide on how to legally evict a tenant.
Handling Disputes Calmly and Legally
Disputes can be stressful, but it is crucial to remain calm and act within the law. Avoid confrontation and never attempt to physically remove the lodger yourself. If you are unsure about your rights or need support, there are resources available to help both landlords and lodgers. For more information about your rights and the eviction process, read The Legal Eviction Process in the UK.
By following the correct steps and seeking advice when needed, you can resolve most lodger evictions smoothly and legally.
What to Do If the Lodger Refuses to Leave
If your lodger refuses to leave after their notice period has ended, it’s important to handle the situation carefully and within the law. As a homeowner, you have options, but you must avoid any action that could be considered illegal eviction.
What are your options?
First, talk to your lodger calmly and remind them that their notice period has expired. Sometimes, a clear conversation can resolve misunderstandings or delays. If your lodger still will not leave, you should not try to remove them yourself or change the locks while they are out. Using force or intimidation is illegal and could result in criminal charges or a civil claim against you.
Why you must avoid illegal eviction
Attempting to evict a lodger without following the proper process can have serious consequences. Illegal eviction is a criminal offence in the UK. This includes physically removing a lodger, locking them out, or harassing them to make them leave. If you are unsure about what counts as illegal eviction or want to understand your responsibilities, you can find detailed guidance from Shelter England on how to deal with illegal eviction.
Seeking legal advice and court orders
If your lodger still refuses to leave, you may need to apply to the court for a possession order. This is a formal request for the court to order your lodger to leave the property. While this is rarely necessary for lodgers, it is sometimes the only way to resolve the situation lawfully. Legal advice can help you decide on the best course of action and ensure you follow the correct steps.
For more details about the legal process after giving notice, see our section on the legal process following an eviction notice.
By following the right steps and avoiding illegal actions, you can protect yourself and resolve the situation fairly.
Tips to Avoid Conflict During Eviction
Evicting a lodger can feel stressful, but taking the right approach can help avoid unnecessary conflict. Here are some practical tips to keep the process as smooth and respectful as possible:
Communicate Clearly and Respectfully
Start with an honest conversation. Explain your reasons for ending the arrangement and outline the steps you will take. Make sure your lodger understands the notice period and what is expected. Speaking calmly and listening to their concerns can go a long way in reducing tension.
Keep Detailed Records
Document every step of the process. Keep copies of written notices, emails, and any messages exchanged about the eviction. This not only protects you if there are disputes later, but also shows that you are acting fairly and transparently.
Offer Reasonable Time and Support
Even if you are legally entitled to ask your lodger to leave, offering them extra time to find new accommodation can help maintain goodwill. You might provide information about local rental options or support services. A little understanding can make the transition easier for both parties.
Consider Mediation or Local Advice Services
If discussions become difficult or emotions run high, mediation can help. Many local councils and housing charities offer free or low-cost mediation services. These professionals can help both sides reach an agreement without resorting to legal action.
Taking these steps not only helps you avoid conflict, but also ensures you are meeting your legal responsibilities as a resident landlord. For more guidance on resolving issues and ending lodger arrangements fairly, see our section on Resolving Disputes and Ending Lodger Arrangements.
Additional Resources and Related Topics
If you need more information or want to explore related topics, there are several resources that can help you understand your rights and options when it comes to evicting a lodger or managing other property situations.
For those interested in the differences between lodgers and tenants, it can be useful to review the formal eviction processes for tenants. You can compare the notices required for tenants by looking at the Section 8 Notice Template and the Section 21 Notice Template. These templates are important if you are considering renting out your property to tenants in the future or want to understand how the process differs from evicting a lodger.
If you are a private landlord or thinking about becoming one, you may want to read more about the full process of legally evicting a tenant as a private landlord in the UK. This guide covers the steps, notice periods, and legal requirements for private landlords.
Understanding guest rights is also important, especially for those living in council housing or supporting someone who is. You can find helpful information about how long a guest can stay in a council house in our guide on how long a guest can stay in a council house. If you or your lodger face homelessness after eviction, you may be interested in learning when the council must rehouse you and their main housing duty.
For homeowners considering renting out part of their property, shared ownership can present unique challenges and opportunities. Our resource on renting out shared ownership explains the rules and best practices for this type of arrangement.
To gain a broader understanding of eviction law, including the different legal grounds and how they might apply to your situation, see our overview of eviction law in the UK. This can help you make informed decisions and avoid common pitfalls.
If you have further questions or need support with your specific situation, Contend’s AI Legal Assistant is here to help. You can get clear, personalised answers about your rights as a homeowner or lodger, guidance on the correct steps to take, and even help creating tailored eviction notices or letters. Whether you’re unsure about notice periods, want to avoid disputes, or need to know your options if a lodger refuses to leave, Contend can provide reliable, up-to-date advice to guide you through the process.
