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What is a lodger ?
While there is no legal definition of “lodger”, a lodger is someone who typically rents a room in your home and shares living space (e.g. kitchen, living room bathroom). Hallways do not count
Lodgers in England are usually what is known as a “licencee”, which essentially means the lodger can stay only as long as the landlord allows. It’s important to note that there is a difference between a tenant and a lodger, and they should not be confused with one another. Lodgers are generally classed as excluded occupiers, in that they are excluded from the rights under the Protection from Eviction Act.
As lodgers and other ‘excluded occupiers’ do not have as many rights and protections against eviction as tenants The eviction process for lodgers is less formal than that for tenants, but can still be very difficult for landlords.
Asking someone who has shared your home can be very awkward, to say the least, and you may face the prospect of them refusing to go.
London Tenant Evictions provide a service for landlords facing these highly challenging and sensitive situations. If you are having to deal with the removal of a problem lodger and need help, contact us today for more information and to discuss your case.
Yes, if they are an excluded occupier. Unlike tenants, lodgers do not have the right to remain once notice has expired. If they refuse to leave, they can be excluded from the premises without a court order, but you must not use force or intimidation, as this could be considered an illegal act.
No, tenancy deposit protection rules do not apply to lodgers. However, you should provide a written agreement stating how the deposit will be handled and under what conditions it will be returned. Keeping a record of any deductions for damages is advisable.
Even though lodgers have fewer rights than tenants, you must still follow the law. Lodgers’ are entitled to notice that you require them to leave. Do not threaten, intimidate, or cut off utilities as this could be considered illegal.
If your lodger refuses to leave after their notice period expires, you have several options, but it’s crucial the situation is dealt with legally and carefully to avoid accusations of harassment or unlawful eviction. Contact London Tenant Evictions.
