When it comes to renting in the UK, tenants and landlords must navigate a complex legal landscape. Two key pieces of legislation govern evictions: section 21 no fault eviction and Section 8 of the Housing Act 1988. But do these rules apply to lodgers? This article explores whether Section 21 applies to lodgers, the differences between tenants and lodgers, and how eviction processes differ under Section 8 Housing rules.
What is a Lodger?
A lodger is someone who rents a room in a property where the landlord also lives. Unlike tenants, lodgers do not have exclusive possession of the property—meaning the landlord can enter shared spaces without notice. Lodgers have fewer legal protections than tenants because they are classified as "excluded occupiers" under the Protection from Eviction Act 1977.
Does Section 21 Apply to Lodgers?
No, Section 21 does not apply to lodgers.
Section 21 allows landlords to evict tenants without giving a reason (a "no-fault eviction"), but only where the tenant has an Assured Shorthold Tenancy (AST). Since lodgers live with their landlord, they do not have an AST, meaning Section 21 evictions do not apply to them.
How Can a Landlord Evict a Lodger?
Because Section 21 doesn’t cover lodgers, landlords can use simpler eviction methods:
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Reasonable Notice – Since lodgers are excluded occupiers, landlords only need to give "reasonable notice" (usually the length of the rent payment period, e.g., one week for weekly rent).
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No Court Order Required – Unlike with Section 8 Housing evictions, landlords do not need a possession order to remove a lodger.
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Change of Locks (If Necessary) – If a lodger refuses to leave, the landlord can legally change the locks, provided no violence or harassment is involved.
Section 8 Housing vs. Lodger Agreements
While Section 21 is irrelevant for lodgers, Section 8 can sometimes apply if the lodger has a license agreement that grants them more rights. However, most lodgers are excluded from Section 8 Housing protections unless they have a formal tenancy.
Key Differences:
| Aspect | Tenants (AST) | Lodgers (Excluded Occupiers) |
|---|---|---|
| Eviction Process | Requires Section 21 or Section 8 notice | Only "reasonable notice" needed |
| Exclusive Possession | Yes | No (landlord lives in property) |
| Court Order Required | Yes (for formal eviction) | No |
| Notice Period | 2 months (Section 21) | Usually 1 rental period (e.g., 1 week) |
When Could Section 8 Apply to Lodgers?
In rare cases, a lodger may have a license agreement that functions like a tenancy—if the landlord does not live in the property or grants exclusive use of part of it. In such cases, Section 8 Housing rules might apply, allowing eviction for rent arrears or breach of contract.
The Future of Section 21 No-Fault Evictions
The UK government has proposed abolishing Section 21 no-fault evictions under the Renters’ Reform Bill. However, this change will not affect lodgers, as they were never covered by Section 21 in the first place.
Conclusion
Section 21 does not apply to lodgers because they are excluded occupiers, not tenants with an AST. Landlords can evict lodgers with reasonable notice and without a court order. Meanwhile, Section 8 Housing evictions only apply in rare cases where a lodger has a formal license agreement.
If you’re a lodger, it’s important to understand your rights, and if you’re a landlord, knowing the difference between tenants and lodgers can prevent legal issues. Always ensure agreements are clear to avoid disputes over eviction processes.
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