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".
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.
| Arrangement | Legal status | How to end it | Court order needed? |
|---|---|---|---|
| Lodger in your home, sharing kitchen, bathroom or living room with you | Excluded occupier | Reasonable notice, usually one rent period, ideally in writing | No |
| Occupier in a self-contained part of the building you live in, sharing no living space with you | Basic protection, resident landlord | Notice to Quit: at least 4 weeks, in writing, with prescribed information | Yes |
| Tenant of a property you don't live in | Assured 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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.