Excluded Occupier Evictions
UK Bailiffs assist landlords and local authorities with the lawful eviction of excluded occupiers from temporary housing. We follow all legal procedures while maintaining professionalism and compassion.
- Legal Assessment: Determine if the occupant qualifies as an excluded occupier.
- Notice Preparation: Draft and serve compliant notices.
- Eviction Execution: Certified enforcement agents handle the removal.
- Post-Eviction Support: Assistance for landlords and occupants.
- Legal Consultation: Advice under the Housing Act 1996 and Protection from Eviction Act 1977.
About Our Service
Welcome to our specialised service assisting landlords and local authorities with the lawful eviction of excluded occupiers from temporary housing. We ensure all procedures meet legal standards while respecting the dignity and rights of all involved.
Our Services Include:
- Legal Assessment: Determining if the occupant qualifies as an excluded occupier.
- Notice Preparation: Drafting and serving legally compliant notices.
- Eviction Execution: Coordinating with certified enforcement agents for lawful evictions.
- Post-Eviction Support: Guidance for both property owners and evicted parties.
- Legal Consultation: Advice on the Housing Act 1996 and Protection from Eviction Act 1977.
Our Process
- Initial Consultation: Understand your situation and legal position.
- Online Form: Complete the instruction form HERE.
- Documentation: Submit relevant paperwork and assess your case.
- Notice Period: Serve notice in line with regulations.
- Eviction: Arrange and carry out enforcement.
- Follow-Up: Support for further legal or housing issues.
Why Choose Us?
- Expertise: In-depth knowledge of housing and eviction law.
- Discreet: Professional and compassionate handling of cases.
- Proven: Successful outcomes in sensitive situations.
- Comprehensive: End-to-end support from consultation to resolution.
What is Temporary Housing?
Temporary housing usually refers to short-term accommodation provided to individuals or families who are homeless or at risk of becoming homeless.
It can take several forms, including:
- Room in a shared private house
- Private, council or housing association property
- Hostel, refuge or other housing with support
Although designed for short-term use, some people may remain in temporary housing for months or even years, depending on their needs and local authority capacity.
Temporary accommodation may be provided by local councils or probationary services to individuals or families in crisis.
If someone is homeless or at risk of homelessness, they can apply to the council for assistance. The council must assess their situation and provide temporary accommodation while that process is underway if it believes they are homeless, eligible for help, and have no other place to stay.
When Can Occupiers Be Asked to Leave Temporary Accommodation?
Local councils may request occupiers to vacate temporary accommodation by giving reasonable written notice. This could occur if:
- The occupier breaches the agreement terms
- The council’s legal duty ends
- Permanent housing is secured
Important Reminder
Staying after being asked to leave can block others in urgent need from accessing housing. It’s a tough situation, but has broader consequences.
Licenses for Homeless Applicants
Councils may partner with landlords to house applicants. Once their duty ends, landlords or agents may take legal steps to evict.
Legal Protections for Occupiers
Certain homeless applicants placed under the Housing Act 1996 are excluded from the Protection from Eviction Act 1977:
- Section 188: Temporary housing during application review
- Section 190: Housing for intentionally homeless applicants
Occupiers in these cases are legally considered excluded occupiers and have limited protection from eviction.
Occupiers with Basic Protection
When the council confirms a duty to provide long-term housing, occupiers gain basic protection under the Protection from Eviction Act 1977. A possession order is required for lawful eviction.
What Qualifies as a Hostel?
A hostel includes shared facilities like:
- Bathrooms
- Toilets
- Cooking areas
Hostel residents usually have licenses, not tenancies — which limits their legal rights.
Evicting Excluded Occupiers: Is a Court Order Required?
Is a Court Order Required to Evict Excluded Occupiers?
Providing that the council or other authority no longer has a duty to help them and has given them notice, then a court order is not necessarily required.
Excluded Occupiers and Eviction Protection
People or families housed in this way do not usually have protection from eviction under the Protection from Eviction Act 1977 and are classed as excluded occupiers.
The term “excluded” refers to being excluded from protection from eviction under the Act. This means the landlord does not need to give notice or obtain a possession order to legally evict the licensee.
Exceptions: Occupiers with Basic Protection
If the local authority accepts a main housing duty and allows continued indefinite occupation in temporary housing, the occupier gains basic protection under the Protection from Eviction Act 1977. In this case, a possession order from the court is required to evict them.
Other Types of Excluded Occupiers
It isn’t just temporarily housed individuals who can be classed as excluded occupiers.
Excluded occupiers may also include lodgers, family members living rent-free, or individuals with no right to rent where the Home Office has issued notice.
List of Excluded Occupiers
The following individuals are not protected under the Protection from Eviction Act:
- People sharing accommodation with a resident landlord
- Former trespassers granted temporary occupancy rights
- People renting holiday lets
- Individuals occupying accommodation rent-free
- Asylum seekers in UKVI accommodation
- Licensees in public sector hostels
- People with no right to rent where the Home Office has served notice
Important Note
Always check with a solicitor or housing officer before attempting an eviction involving an excluded occupier.
Illegal Evictions
Local authorities have the power to prosecute for illegal eviction.
Police may arrest individuals who are committing or attempting illegal eviction.
If found guilty, landlords, agents, or any third party can be fined or sentenced to imprisonment.
Illegal eviction is also a banning offence under the Housing and Planning Act 2016 — potentially barring the landlord or agent from letting property altogether.
Use of Force
It is a criminal offence to use force to enter premises without legal authority (Section 12, Criminal Law Act 1977).
We strongly advise landlords to use trained Enforcement Agents to manage lawful entry and avoid liability.
Our agents are trained in vulnerability awareness, and approach all situations with empathy, professionalism, and discretion.
We always signpost tenants to appropriate support services.
All jobs include full dynamic risk assessments, and we keep our clients informed throughout the process.
Unsure how to proceed?
Reach out to us by phone or email for a no obligation chat or click HERE for our interactive determination tool.
We have a great deal of experience and expertise in dealing with temporary housing. We will only ever give you the best advice based on the information you supply.
Or instruct us by clicking the below form.
** We are not legal advisers so always recommend you contact your solicitor or housing officer to clarify your position.
** Our expertise lies in executing the eviction process efficiently and compliantly, rather than providing legal determinations. The reason we recommend independent legal advice in cases where there’s any uncertainty—however slight—is to ensure that you, as the landlord, are fully protected under the law. The definition of an excluded occupier can hinge on specific details (e.g., the terms of the agreement, the tenant’s circumstances, or even recent legislative changes), and a qualified legal professional can offer you definitive confirmation that aligns with your situation. This step is about safeguarding your interests, not about doubting your judgment.
INSTRUCTION FORM
Completing the form does not constitute a contract or acceptance of the instruction.
Once submitted, we will email you a copy of the Warrant for acceptance and then we will begin the process. We may also request further details as part of our due diligence procedures. If you have any questions in relation to the instructions, please email us HERE or phone 03301331818
