How to evict a lodger in England

How to evict a lodger depends on the arrangement, but in most cases the Section 8 process doesn't apply. A lodger who lives in your home with you is usually not an assured tenant, so you don't use Form 3A or the Section 8 grounds. The rules for ending a lodger's stay are different, so check GOV.UK's guidance first and get advice from a solicitor if anything is unclear or the lodger won't go.

Is the person a lodger or a tenant?

This is the question that decides everything. The label on your agreement helps, but the facts of the arrangement matter more. Ask yourself:

• Do you live in the property yourself, as your only or main home?
• Do you share living space with them, such as the kitchen, bathroom or living room?
• Do they have a room of their own but no right to keep you out of the rest of your home?
• What does your agreement say about the room, the rent and ending the arrangement?

If you live there and share your home with them, that points towards a lodger arrangement. If you don't live there, or they have a self-contained part of the property that you don't use, they may be a tenant, and then the full Section 8 process applies. If you can't answer these questions with confidence, take advice before doing anything.

Why Section 8 usually doesn't apply

Form 3A is titled as a notice seeking possession of a property "let on an assured tenancy or an assured agricultural occupancy in the private rented sector". The Section 8 grounds, the notice periods and the court process in this guide all belong to that system.

The Renters' Rights Act reforms are aimed at assured tenancies too. One clear sign is the Information Sheet duty for existing tenancies, which GOV.UK says doesn't apply to lodgers. So if your lodger is genuinely a lodger, the Section 8 notice periods we publish elsewhere aren't the ones that govern your situation.

Watch out: we don't publish a lodger notice period, because the right period depends on your agreement and the facts. Read GOV.UK's current guidance on lodgers before you set a date, and take advice if you're unsure.

How to evict a lodger: step by step

1. Confirm the status. Work through the questions above. If there's any doubt, get advice.
2. Read your agreement. Note anything it says about how and when either of you can end the arrangement.
3. Check GOV.UK. The official guide to evicting tenants in England is the place to start for the current rules.
4. Tell them in writing. Give the lodger a clear letter or email with the date you want them to leave and the reason, and keep a copy.
5. Keep it calm and recorded. Note conversations, dates and any agreement you reach about moving out.
6. Settle the money in line with your agreement, including any deposit and any rent paid for days after they leave.
7. If they won't go, or claim to be a tenant, stop and get advice from a solicitor before taking any further step.

Keeping a lodger arrangement clear from the start

Most disputes about status start with a vague arrangement. If you take in a lodger, it helps to:

• put the arrangement in writing, describing it as a lodging arrangement in your own home;
• say which room is theirs and which rooms you share;
• set out the rent, what it includes and when it's due;
• include a clear clause on how either of you can end the arrangement;
• keep a record of payments and any changes you agree.

None of this changes the legal position if the facts point to a tenancy, but it makes the facts much easier to show.

Right to Rent and lodgers

Right to Rent checks apply to lodgers. You must check every adult who will live in the property as their only or main home, whether or not they're named on an agreement, before the arrangement starts. For someone with a time-limited right, check no earlier than 28 days before the agreement and carry out follow-up checks before your statutory excuse runs out.

The civil penalty for letting to a lodger who doesn't have the right to rent is £5,000 for a first breach and £10,000 for a repeat breach within 3 years. See Right to Rent checks.

Mistakes to avoid

• Assuming someone is a lodger when they're a tenant. If they are actually an assured tenant, ending the arrangement without a court order is illegal eviction, which can bring prosecution or a council penalty of up to £40,000. See illegal eviction.
• Using force or threats. Whatever the person's status, never try to remove someone physically or intimidate them into leaving. If you feel unsafe, contact the police.
• Serving a Section 8 notice on a genuine lodger. It's the wrong document, and it can confuse the position if the case ever reaches court.
• Acting on rules for another country. This guide covers England only. If you need to evict a lodger in the UK outside England, Wales (Renting Homes (Wales) Act 2016), Scotland and Northern Ireland have different law.

What to do next

If you've concluded the person is a tenant rather than a lodger, use the Section 8 notice process and read how to evict a tenant. If the person living with you is a relative or former partner, read evicting a family member or ex-partner. For a disputed or unclear case, a solicitor can confirm the status and the right route before you act.