Landlord Legal Guide
How to Evict Excluded Occupiers
A practical, defensible overview of the legal framework and typical procedure — written for landlords, letting agents and housing teams.
An excluded occupier is usually a person who occupies accommodation under a limited licence, often where essential living space is shared with a resident landlord (for example, a lodger). In many cases, excluded occupiers do not receive the same statutory eviction protection as assured tenants and may fall outside the scope of the Protection from Eviction Act 1977.
Common examples of excluded occupiers
- Lodgers living with a resident landlord (shared facilities)
- Some forms of temporary or emergency accommodation (depending on facts)
- Licensees in shared accommodation where exclusive possession is not granted
Legal status
Excluded occupiers can often be removed without a court order. However, landlords must still give reasonable notice(commonly aligned to the rent period) and must avoid any conduct that could amount to harassment, intimidation, or an unlawful eviction.
Typical procedure
- Serve written notice requiring the occupier to leave by a specified date and time.
- When notice expires, regain possession by peaceable re-entry where practicable (for example, a lock change when the occupier is out).
- If safe and appropriate, a certificated enforcement agent may attend to assist with a controlled, proportionate process under common law principles.
Important:
Any attempt to forcibly remove an occupier, harass them, or restrict access to essential amenities may be unlawful and can expose a landlord (and their agents) to significant civil and/or criminal liability.
Comparison overview
| Occupier type | Notice | Court order | Enforcement route |
|---|---|---|---|
| ● Excluded Occupier | Reasonable (often aligned to rent period) | ✖ Not required (typical) | Peaceable re-entry / managed attendance |
| ● Basic Protection | Usually requires statutory route (fact dependent) | ✓ Required | County Court bailiff / HCEO (as ordered) |
| ● AST Tenant | Section 8 / Section 21 (as applicable) | ✓ Required | Court order + bailiff/HCEO (as ordered) |
References
- Shelter – Legal guidance on eviction of excluded occupiers
- Protection from Eviction Act 1977
- Citizens Advice – Excluded occupiers and basic protection
- GOV.UK – Tenancy agreements
Prepared by UK Bailiff Services Ltd. This resource is for general public legal education and is not legal advice.
Last updated: July 2025
Quick facts
- No court order required (typical)
- Reasonable notice is still required
- Common law principles apply
- No force, intimidation, or harassment
