How to evict a family member or ex-partner

How to evict a family member depends on why they live there. An adult child, relative or ex-partner living in your home without a tenancy is usually not an assured tenant, so Section 8 and Form 3A don't normally apply. If they pay rent under a tenancy, are a joint owner, or are your spouse or civil partner, different rules and rights can be involved, so get advice from a solicitor before you act.

How to evict a family member: which situation are you in?

Your situation	Likely position	What to do
A relative lives in your home with you, with no tenancy	Usually not an assured tenant	Ask them in writing to leave by a clear date; check GOV.UK; get advice if they refuse
A relative rents a separate property from you and pays rent	May well be an assured tenant	Treat them as a tenant: you need a ground, a Form 3A notice and a court order
An ex-partner who co-owns the home or is on the mortgage	Property and family law questions	Get advice from a family or property solicitor before doing anything
A spouse or civil partner	Family law may give them rights to stay	Get advice from a family solicitor
An ex-partner who is a joint tenant with you of a rented home	The tenancy is with your landlord, and one joint tenant's notice can usually end it for everyone	Get advice before either of you gives notice; see tenant's notice to quit

The rest of this guide focuses on the first two rows, because those are the ones where you are acting as the property owner.

Why it's rarely a Section 8 case

Section 8 and Form 3A are for assured tenancies in the private rented sector. Someone who lives in your home as part of the household, without a tenancy, usually has a different status. The Section 8 grounds, notice periods and court timelines elsewhere on this site are built for tenants, so don't apply them to a family member without checking which category they fall into.

We don't publish notice periods for family members or ex-partners living in your home, because the right approach depends on the facts. GOV.UK's guide to evicting tenants in England is the official starting point, and a solicitor can confirm the position for your household.

If your relative is your tenant

If a family member rents a property from you under a tenancy, they are treated like any other tenant:

• you can only end an assured tenancy with a court order, after serving a Section 8 notice on Form 3A;
• you need a ground that fits the facts, such as rent arrears or breach of the tenancy;
• you can't end the tenancy by telling them to go, or by a notice to quit from you, which has no effect;
• ending the tenancy orally, or demanding that they do, is itself a breach that can bring a penalty of up to £7,000.

Starting to charge a relative rent for a room or a separate flat can change the position, so take advice before you formalise any arrangement. A tenancy also doesn't have to be in writing. If there's no written agreement, read evicting a tenant with no tenancy agreement.

Practical steps when a relative or ex-partner lives with you

1. Check their status using the table above. If you're unsure, get advice first.
2. Put it in writing. Give a clear date and a short reason. Keep a copy.
3. Allow time to find somewhere else. A realistic date makes an agreed move more likely.
4. Keep records of conversations and any agreement you reach.
5. Consider mediation if the relationship has broken down but nobody is at risk.
6. Get advice before any further step if they refuse to leave.

Watch out: if you feel unsafe, or someone in the household is at risk of harm, contact the police. Safety comes before any housing process.

Mistakes to avoid

• Changing the locks on someone who turns out to be a tenant. That is illegal eviction. Councils can impose a civil penalty of up to £40,000, and it is also a criminal offence. See illegal eviction.
• Removing a joint owner's or spouse's belongings, or blocking their access, without advice.
• Using force or threats. Never try to remove someone physically, whatever their status.
• Assuming a tenancy can't exist between family members. Rent paid for a home of their own can point to one.

This guide covers England only. If you need to evict a family member in the UK outside England, Wales (Renting Homes (Wales) Act 2016), Scotland and Northern Ireland have different law.

What to do next

If the person living with you is more like a lodger, read how to evict a lodger. If they rent a property from you, follow the Section 8 notice process and read how to evict a tenant. For an ex-partner, a spouse or a co-owner, a family or property solicitor is the right next step.