The 'Ledger': Expert Advice on Evictions and Arrears

How to Evict a Lodger in England and Wales: Notice, Rights and When You Need a Court Order

Written by Lee Daniels | Nov 3, 2026, 8:30:01 AM

General guidance only, not legal advice. This article provides general information for resident landlords in England and Wales. It does not apply to Scotland or Northern Ireland. Laws and procedures change, so always check current government guidance and seek professional advice for your circumstances.

Renters' Rights Act 2025 and lodgers. The Act abolished Section 21 for assured tenancies in England from 1 May 2026. A true lodger who shares your home is not an assured tenant, so Section 8 grounds and the new notice periods do not apply. What matters is whether the lodger is an "excluded occupier".

Key Insights

  • Lodgers aren't tenants. Someone who lives in your home and shares your kitchen, bathroom or living room is usually an excluded occupier with far fewer rights than a tenant.
  • Reasonable notice, no court. You give reasonable notice, usually one rent period, and you don't need a court order to remove an excluded occupier.
  • Sharing is the test. If the occupier has a self-contained part of your home and shares no living space with you, they are not excluded, and you need a Notice to Quit and a court order.
  • Never use force. Even with an excluded occupier, using or threatening violence to get back in is a criminal offence.
  • Write it down. A dated, written notice is your evidence if things turn awkward.

Do I need a court order to evict a lodger?

Usually not. If your lodger lives in your home and shares living accommodation with you, such as the kitchen, bathroom or living room, they are an excluded occupier under the Protection from Eviction Act 1977. Once you have given reasonable notice and it has expired, you can recover the room without a court order, provided you don't use or threaten violence.

That changes the moment the sharing stops. Which is why the first job is working out exactly what you've got.

Lodger, protected occupier or tenant? The three situations

ArrangementLegal statusHow to end itCourt order needed?
Lodger in your home, sharing kitchen, bathroom or living room with youExcluded occupierReasonable notice, usually one rent period, ideally in writingNo
Occupier in a self-contained part of the building you live in, sharing no living space with youBasic protection, resident landlordNotice to Quit: at least 4 weeks, in writing, with prescribed informationYes
Tenant of a property you don't live inAssured tenant (England) or contract-holder (Wales)Section 8 notice on a valid ground (England) or the Renting Homes notices (Wales)Yes

Sharing only a hallway, stairs or storage space doesn't make someone a lodger. The shared space has to be living accommodation.

How much notice do I have to give a lodger?

Reasonable notice. There is no fixed statutory minimum for an excluded occupier, but reasonable usually means at least one full rent period: a week for weekly rent, a month for monthly rent. If your lodger agreement sets a notice period, give at least that.

Put it in writing. State the date the arrangement ends, keep a copy, and note how and when you handed it over. If the lodger later claims they were never told, a dated letter ends the argument.

Can I change the locks on a lodger?

Yes, once the notice period has ended and the lodger is an excluded occupier. Change the locks when they are out, pack their belongings carefully, and give them a reasonable opportunity to collect. Keep a list and photographs of what you stored.

What you cannot do is use or threaten violence to get back into the room while they are there, cut off utilities to force them out, or harass them during the notice period. If you expect a confrontation, don't escalate. Call the police if there is any risk to safety, and take advice on a court order instead.

When you do need a Notice to Quit and a court order

The excluded-occupier shortcut only works if you genuinely share living accommodation and the property is your only or principal home. You'll need the formal route if:

  • The occupier has a self-contained flat or annexe in your building and shares no living space with you.
  • You have moved out and the occupier stayed. They may now be a tenant with full protections.
  • The lodger is renting from your tenant rather than from you. That is subletting, and it depends on the head tenancy.

For occupiers with basic protection, a valid Notice to Quit must be in writing, give at least four weeks' notice and include prescribed information. If they don't leave when it expires, you need a possession order from the court before anyone can be removed.

Lodgers in Wales

The Renting Homes (Wales) Act 2016 generally does not apply to lodgers who share the landlord's home, so the same excluded-occupier principles apply. If the arrangement is unusual, such as a self-contained unit or a lodger who arrived under a contract with someone else, take advice before acting.

Common mistakes with lodgers

  • Giving notice verbally and having no evidence of the date.
  • Assuming a self-contained annexe occupant is a lodger.
  • Changing the locks before the notice period has ended.
  • Removing belongings without recording them or offering collection.
  • Treating a lodger like a tenant and serving the wrong paperwork, or treating a tenant like a lodger and evicting unlawfully.

How Helpland can help

Most lodger arrangements end with a letter and a handshake. The ones that don't usually turn on one question: is this person actually excluded? Get it wrong one way and you waste money on court. Get it wrong the other way and you've carried out an unlawful eviction.

Helpland is one of only two NRLA-recommended eviction specialists in England and Wales, with over 20 years' experience and fixed fees. Our Notice to Quit service covers occupiers who need formal notice, and we can take the case to court where it's needed. Book a free landlord consultation at helpland.co.uk.

Frequently Asked Questions

How much notice do I need to give a lodger?

Reasonable notice, which usually means at least one full rent period, or the period in your lodger agreement if that is longer. Give it in writing and keep a copy.

Can I change the locks on my lodger?

Yes, once the notice period has ended, provided the lodger shares living accommodation with you in your home and you don't use or threaten violence. Pack their belongings safely and give them a reasonable chance to collect.

Does the Renters' Rights Act apply to lodgers?

No, not to lodgers who share your home. They are not assured tenants, so Section 8 grounds and the Act's notice periods don't apply. Lodgers are covered by the excluded-occupier rules in the Protection from Eviction Act 1977.

Does a lodger's deposit need to be protected?

No. Deposit protection rules apply to tenancies, not to lodgers who share your home under a licence. Recording the deposit and the conditions for its return in writing is still good practice.

What if my lodger refuses to leave?

If they are an excluded occupier and the notice has expired, you can recover the room without a court order but cannot use or threaten violence. If there is any risk of confrontation, or any doubt about their status, take advice and get a possession order instead.

This article provides general guidance for landlords in England and Wales and does not constitute legal advice. Laws and court procedures may change. Always check current government guidance and seek professional advice for your circumstances. Last reviewed: November 2026.