If you’re a homeowner, you may have decided to rent out a room in your home to a lodger and become a live-in landlord. However, situations can arise where you may need to evict your lodger. Evicting a lodger can be a complex legal process, and it’s important to follow the correct procedures to avoid any legal repercussions. This guide will provide you with a comprehensive overview of the steps you need to take to evict a lodger from your home.

1. Who is a Lodger?

A lodger is someone who rents a room in your home and shares common areas such as the kitchen or bathroom with you. A lodger is different from a tenant as a tenant has exclusive possession of the rental property. A lodger does not have exclusive possession and the homeowner may access their room or shared areas without notice

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2. Reasons for Evicting a Lodger

There are several reasons why you may need to evict a lodger, including non-payment of rent, breaching the terms of the rental agreement, or a breakdown in the relationship between you and the lodger.

3. Giving Notice to a Lodger

Before you can start the legal eviction process, you must give your lodger notice to leave. The notice period depends on the type of agreement you have with your lodger. If your lodger has a periodic tenancy, which means they pay rent weekly or monthly, you must give them notice that is equal to the rental period. For example, if they pay rent monthly, you must give them one month’s notice. If your lodger has a fixed-term tenancy, you can only give notice to leave at the end of the fixed term.

4. Applying for a Court Order

If your lodger refuses to leave after the notice period has expired, you can apply for a court order. You can apply for either a possession order or an eviction order. A possession order requires the lodger to leave the property by a certain date. An eviction order allows you to hire bailiffs to physically remove the lodger from the property.

5. How to Serve a Notice

The notice must be served to your lodger in person or posted to their last known address by recorded delivery. You should also keep a copy of the notice and a record of when it was served. If the notice is not served correctly, the court may not grant you a possession order.

6. What to Expect During the Court Hearing

During the court hearing, the judge will consider the evidence presented by both parties. If the judge decides in your favour, they will issue a possession order, and your lodger will have to leave the property by a certain date. If your lodger still refuses to leave, you can apply for an eviction order.

7. Possession Order and Bailiffs

If you have been granted a possession order and your lodger still refuses to leave, you can apply for an eviction order. An eviction order allows you to hire bailiffs to physically remove the lodger from the property.

8. The Lodger’s Possessions

If your lodger has left possessions in your property, you must give them a reasonable amount of time to collect them. If they do not collect their possessions within a reasonable time frame, you can dispose of them. However, it’s important to document the possessions and the steps you took to contact the lodger.

9. Legal Assistance

Evicting a lodger can be a complex legal process, and it’s important to seek legal advice before starting the process. A solicitor can help you understand your legal rights and obligations and guide you through the eviction process.

10. Conclusion

Evicting a lodger can be a challenging process, but it’s important to follow the correct legal procedures to avoid any legal repercussions. Make sure to give your lodger notice to leave and document the steps you take throughout the eviction process. Seek legal advice if you’re unsure about any aspect of the eviction process.

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