Evicting Excluded Occupiers: Why Force Isn’t an Option and How We Handle Refusals

As a landlord or property manager, evicting an excluded occupier—such as a lodger sharing your living space—can seem straightforward since they lack the protections of the Protection from Eviction Act 1977.

You don’t need a court order to reclaim your property. However, even after gaining lawful, peaceful entry, you might face a challenge: the occupier refuses to leave.

You may wonder if force is an option. The answer is no—using force against the person is illegal, and at UK Bailiffs, we ensure evictions stay within the law. This post explains the legal reasoning behind this restriction and outlines our practical solution: removing possessions, not people, exclusively for excluded occupiers, with visits timed to support compliance and fairness.

Who Are Excluded Occupiers?

Excluded occupiers are individuals who do not enjoy the same legal protections as regular tenants, meaning landlords can often reclaim possession without a court order. This category can  include

• Lodgers sharing living space with the landlord or their family: They live in the landlord’s home and share facilities like a kitchen or bathroom.   
• People housed in temporary accommodation due to being homeless or at risk of homelessness: Often provided by councils or charities. 
• Those occupying under a license rather than a tenancy: Genuine Licensees lack the security of a tenancy. 
• People renting holiday lets: Occupants of short-term holiday properties. 
• People occupying accommodation rent-free: Informal arrangements without rent. 
• Asylum seekers in UKVI accommodation: Housed under specific immigration arrangements. 
• Licensees in public sector hostels: Residents of hostels managed by public authorities. 
• People with no right to rent where the Home Office has served notice: Barred from renting due to immigration status.

While landlords can proceed without court involvement for these occupiers, legal constraints still apply—especially regarding force.

The Legal Reasoning: No Force Allowed, Even After Peaceful Entry

Once an excluded occupier’s right to stay ends, you can enter your property peacefully (e.g., using a key or entering an unlocked space) without breaching Section 6 of the Criminal Law Act 1977, which prohibits forced entry against opposition. But what happens if the occupier still won’t leave after you’ve lawfully entered? Legally, you cannot use physical force to remove them.

Here’s why: 

• Common Law Protections
  Physically pushing or dragging someone out could amount to assault (causing fear of immediate unlawful force) or battery (applying unlawful force). These are criminal offenses and could also lead to civil lawsuits for damages. 
• Offences Against the Person Act 1861
  Section 39 of this Act makes assault and battery punishable offenses. Attempting to forcibly evict an occupier risks prosecution, even if they no longer have a legal right to stay. 
• Protection from Harassment Act 1997
  Aggressive or physical attempts to remove someone could be deemed harassment if they cause alarm or distress, opening the door to criminal penalties or civil claims. 

The law prioritises personal safety and prevents escalation, meaning force against an excluded occupier’s person is never permissible, even after lawful entry. This restriction protects both the occupier and you, the landlord, from legal consequences.

Our Solution: Removing Possessions, Not People

At UK Bailiffs, we handle these tricky situations with a compliant and effective strategy. If an excluded occupier refuses to leave after we’ve gained peaceful, lawful access, we don’t—and legally can’t—use force against them. Instead, here’s what we do: 

• Focus on Possessions: We carefully remove the occupier’s belongings—items like their TV, sofa, or personal effects—and place them outside the property. This encourages voluntary departure without physical confrontation. 
• Excluded Occupiers Only: This approach applies solely to excluded occupiers, as they lack the eviction protections afforded to other tenants. For non-excluded tenants, court processes are required, and we follow those strictly. 
• Weekday Timing: We always schedule our first visit during weekdays. This gives the occupier time to present themselves to their local council for housing assistance, ensuring they have options while we reclaim your property. 
• No Force, No Risk: Our certified bailiffs are trained to avoid escalation, keeping the process lawful and safe for everyone involved.

By removing possessions rather than the person, we create a practical incentive for the occupier to leave voluntarily, sidestepping the legal risks of force while achieving your goal: possession of your property.

What to Expect During the Process

To give you full transparency, here’s what happens when you hire UK Bailiffs to evict an excluded occupier: 

• Initial Consultation: We confirm the occupier’s status as excluded and review your legal rights to ensure our approach fits your situation.  (we always recommend you consult your own solicitor or housing officer first)
• Notice Period (if applicable): While not always required, we advise serving a reasonable notice to vacate (e.g., 7-28 days, depending on the arrangement) to strengthen your position and encourage compliance. 
• Visit Scheduling: We arrange a weekday visit, notifying you in advance, and arrive prepared to enter peacefully and remove possessions if needed. 
• Post-Eviction Support: After reclaiming your property, we provide guidance on securing it (e.g., changing locks) and document the process for your records.
  This step-by-step outline ensures you know what to expect, reducing stress and keeping the eviction smooth and professional.

Why This Matters to You

This method isn’t just about compliance—it’s about efficiency and peace of mind. Landlords and property managers rely on us to: 

• Avoid criminal or civil liability by staying within the law. 
• Regain possession quickly without courtroom delays (for excluded occupiers). 
• Minimize conflict through strategic, possession-focused evictions.

Ready to Reclaim Your Property?

Evicting an excluded occupier who refuses to leave can be frustrating, but using force isn’t the answer—it’s illegal and risky.

At UK Bailiffs,  we take the burden off your shoulders with our possession-removal approach, tailored to excluded occupiers and timed for fairness. Contact us today: