If you're being evicted as a lodger

You’re a lodger if both of the following apply:

• you live with your landlord and share ‘living space’ with them - for example, a kitchen, living room or bathroom

• your landlord was already living there as their main home when you moved in

Living space doesn’t include corridors, staircases, storage areas or entrances.

As a lodger, you’ll have an agreement with your landlord to rent space in their home. You might have a written ‘lodging agreement’ - or you might have agreed it verbally with your landlord.

If your landlord gave you an occupation contract

You have more rights than most lodgers. You have the same rights as most people who rent from a landlord and aren’t lodgers.

It’s rare for landlords to give an occupation contract to a lodger.

Check your rights if you have an occupation contract and you’re being evicted.

As a lodger, you don’t have much protection against eviction but your landlord has to give you enough notice to move out. How much notice they need to give depends on your situation.

If you’ve already moved out, there are other rules your landlord must follow if you paid a deposit or left any of your belongings behind.

If your landlord has died, you can check what should happen next.

If moving out will make you homeless

If you won’t have anywhere to live after you’ve been evicted, you might be able to get help.

You can apply to the council for somewhere to live if you're homeless now or you’II become homeless within 8 weeks. Check if you can apply for homeless help.

How much notice your landlord should give you

The amount of notice your landlord must give you to move out usually depends on whether your landlord can enter your room without telling you first.

Your landlord can give you notice to move out verbally, unless your agreement says it has to be in writing.

Your landlord doesn’t need a court order to evict you but they can get one if they choose to.

If you have an end date for your agreement

Your landlord can only evict you if any of the following apply:

• the fixed-term you agreed has come to an end

• your agreement includes a ‘break clause’ - this lets your landlord end it early but they still have to give you the notice set out in your agreement

• your agreement says it can end early if you break certain terms - and you’ve broken the terms

If your landlord is making you move out because you’ve broken a term, they still have to give you the amount of notice set out in the agreement.

If you didn’t agree an end date with your landlord

Your landlord must give you ‘reasonable notice’ to move out. Sometimes reasonable notice could be a few days, but is more likely to be a few weeks.

What’s reasonable depends on things like:

• how long you’ve lived there

• how often you have to pay rent - for example if you have to pay rent monthly, a month’s notice might be reasonable

• your behaviour - for example if you’ve damaged the property or been aggressive you’re likely to get less notice

If your agreement with your landlord includes a notice period but you think it’s unreasonable, you should ask them to give you a reasonable amount of notice instead.

Example

Bushra is living with her friend’s parents. She shares the living room, kitchen and bathroom with them. Every 2 weeks they wash her bed sheets and clean her room.

Bushra has an agreement that runs from month to month.

The agreement says her friend’s parents must give her 2 months’ notice if they want her to move out. This means 2 months is the correct notice period.

If Bushra didn’t have an agreed notice period, she would be given reasonable notice to leave instead.

If you agreed with your landlord that they have to tell you in advance if they need to enter your room, the rules are different.

Your notice period should be the same as your rent period. For example if you pay rent monthly, your landlord has to give you at least a month’s notice.

If they don’t give you the correct amount of notice, it isn’t valid and you don’t have to leave.

If you don’t think your landlord is allowed to evict you

If your landlord hasn’t followed the rules, you should talk to them. You can tell them they’re acting unlawfully if they didn’t give you enough notice.

If talking to your landlord doesn’t work, it’s usually best to find somewhere else to live as soon as you can.

Important

If you’re in danger because of your landlord

Call 999 to report them to the police.

If you don’t feel safe because of your landlord but it’s not an emergency, call 101.

If you won’t have anywhere to live after you’ve been evicted, you might be able to get help. Check if you can apply for homeless help.

It’s possible to challenge the eviction in court but you need to decide if it’s worth doing because:

• the court will usually only let you stay in the property for a maximum of a few more weeks

• you might have to pay the court costs

• it’s likely to create a stressful environment where you live

You’ll still have to pay rent while you challenge your eviction.

Talk to an adviser if you want to challenge your eviction.

If you refuse to move out

If your landlord has followed the rules to evict you, you usually have no legal right to be in the property anymore.

Your landlord can take action to make you move out, as long as they don’t threaten or harass you. For example, they might change the locks while you’re out.

If you refuse to leave after the notice period has ended, your landlord can get a court order to evict you. It’s best to leave when the notice period ends, otherwise you’ll usually have to pay the court costs yourself.

If you left any of your belongings behind when you moved out

Your landlord should tell you when you can collect your belongings. If they don’t, you should tell them when you’re available and try to agree on a day and time you can collect them.

Your landlord must keep your belongings safe for a reasonable amount of time. What’s reasonable depends on the situation - for example if you’re unwell and can’t travel they should give you more time.

If you owe your landlord rent, they’re not allowed to keep your belongings to recover the money you owe.

If you’re not able to collect your belongings, you should tell your landlord. If they think you’re never coming back they might throw away or sell your things.

If you paid a deposit

If your landlord hasn’t returned your deposit when you leave, you should ask them to give it back to you.

If your landlord doesn’t give it back, what you need to do depends on whether your landlord protected your deposit in a deposit protection scheme.

Your landlord doesn’t have to protect your deposit. They can protect it if they choose to but this isn’t common.

If your landlord has died

If your landlord dies, the property will usually be passed to surviving relatives or friends.

The person who inherits the property will become your new landlord.

If your new landlord moves in, you’ll continue to be a lodger with the same rights you had before. You’ll keep the same rights even if your new landlord moves in before the death or on the day your previous landlord died.

If your new landlord doesn’t move in, your rights might change. Talk to an adviser to find out what rights you’ll have.