Can You Evict a Lodger Immediately?
Having a lodger is the ideal answer to boost household finances if you have the space. However, if things don’t turn out as expected, you’ll need to follow due legal process to get rid of them even though they’re not a tenant.
If your lodger indulges in anti-social behaviour, eviction becomes even more imperative.
Whether you’re considering taking in a lodger or already have one, this quick read covers everything you need to know about what to do when it’s time to part ways.
What Is a Lodger?
A lodger is someone who lives in your home in return for paying rent or for free. They can be someone you don’t know, a friend, or a family member.
They may rent one room, or you could share living space with them, such as the kitchen, bathroom, or living room. Lodgers don’t need a formal agreement, although setting out the arrangement in a written document is sensible.
What Distinguishes a Lodger From a Tenant?
The main difference between a lodger and a tenant is that a lodger lives within the property with the owner, whereas a tenant usually has sole occupancy.
A tenant generally has more rights than a lodger and is protected by a formal tenancy agreement, although a lodger can have a contract, too; this is called a licence.
Tenancy agreements contain standard notice periods. However, notice is not always so clearly defined for lodgers.
How Much Notice Should You Give a Lodger?
Fixed Term Agreements
You have a fixed-term agreement if you have set an end date with your lodger; they must leave when the agreement ends. However, most fixed-term agreements include a ‘break clause’, which allows you to end the agreement early if your lodger doesn’t comply with the terms.
You can only give notice before the end of the fixed term if there is a break clause, and you must follow the notice period set out in the agreement. If you agree to a more extended notice period, you must stick to it.
If the fixed-term agreement finishes soon, you don’t need to give notice, as the agreement will end on the stated date.
Rolling Agreements
If you never agreed on an end date or defined a fixed period for them to live in your home, you must provide your lodger with ‘reasonable notice’ to move out.
The definition of reasonable should consider the lodger’s length of stay in the house, the frequency with which they pay their rent, and whether their behaviour has breached the terms of the agreement. A reasonable notice period would be one month if they pay rent monthly.
However, if the lodging agreement is a rolling agreement without an end date and includes a notice period, you must follow it. If the defined notice period is more extended than what might be deemed reasonable, the longer notice period is the default position.
Does Notice Need To Be Served in Writing?
Notice can be verbal unless the agreement requires it to be in writing. However, it’s always good practice to issue a notice in writing as you have evidence, making it easier to manage disagreements or disputes later on.
What Should I Do if a Lodger Won’t Leave?
If you have given the correct notice to your lodger, they no longer have a legal right to be in the property once the notice period has expired.
If they don’t leave, then you may need to take steps to evict them. You don’t need a court order to do this, but you must follow the correct procedure to ensure you don’t do anything illegal.
You can go to court to obtain an order if they still refuse to go. If they don’t move out by the date on the court order, you will need to return to court to obtain a warrant. A warrant allows you to use an enforcement officer to ensure your lodger leaves.
If you instruct a solicitor, you will have to bear the cost of the court orders and any legal fees. You can ask the court to make an order for costs against the lodger so you can recover your expenses.
Frequently Asked Questions
How Quickly Can You Evict a Lodger?
You’ll need to give notice via the lodging agreement’s terms or what is deemed reasonable. After that, you’ll need to apply to the court for an eviction order. If the lodger doesn’t leave, you’ll have to return to court for a warrant order to enforce eviction. This process can take a few weeks.
Can a Lodger End the Agreement?
The amount of notice a lodger should give depends on the agreement. With a fixed-term agreement, the lodger cannot give notice to leave before the end unless there is a break clause. If there is no agreement, they must give a reasonable notice period, usually reflected by the rent payment intervals.
Final Thoughts
Lodgers have less defined legal rights than tenants, but they are still afforded some protection by law. If you want to get rid of your lodger, you must ensure you comply with the terms of any agreement. If you need any advice about managing a lodger or a landlord, then contact Helix Law. Our specialist property litigation team act for landlords, property managers and investors nationally and will be happy to assist you.
