Excluded occupiers: what rights do you have?

Not everyone who lives in a rented home has the same legal protections as a standard tenant. If you are an "excluded occupier," the normal rules about notice periods and eviction do not apply in the same way. Below, we set out who counts as an excluded occupier and what rights they still have.

What is an excluded occupier?

An excluded occupier is someone who shares their home with their landlord and does not have the protections of the Housing Act 1988. The most common examples are:

• A lodger living in their landlord's own home, where the landlord also lives in the property and shares facilities (kitchen, bathroom) with the lodger
• Someone in a hostel-type arrangement where the accommodation is not exclusive

If you are a lodger in the same property as your landlord, you are likely to be an excluded occupier.

What is the difference between a tenant and an excluded occupier?

A tenant under an assured shorthold tenancy has the right to remain in the property until a court order is made. The landlord must follow a formal legal process, serving the correct notice, waiting for it to expire, and obtaining a possession order, before they can lawfully require the tenant to leave.

An excluded occupier does not have these protections under the Housing Act. The landlord only needs to give reasonable notice (which is usually equal to the period of payment, so a week's notice for a weekly arrangement, a month's notice for a monthly one). The landlord does not need a court order to require the excluded occupier to leave.

However, even excluded occupiers have some rights:

• The landlord must give reasonable notice, even if it does not need to be in writing
• The Protection from Eviction Act 1977 still applies in some respects, a landlord cannot use unlawful force to evict even an excluded occupier. However, they do not need to obtain a court order.
• The Equality Act 2010 applies, a landlord cannot discriminate against an excluded occupier on protected grounds (such as race, disability, or sex).

Do excluded occupiers have any protection from poor conditions?

Yes. Regardless of your occupancy status, you have a right to live in accommodation that is not dangerous to your health. The Homes (Fitness for Human Habitation) Act 2018 covers all residential occupiers, not just tenants with assured tenancies.

This means that if the room or accommodation you are occupying has serious damp, mould, broken heating, or other hazards, the landlord-occupier should address these, even if you are a lodger rather than a tenant.

What if you are asked to leave without notice?

If your landlord tells you to leave immediately without any notice, consider the following:

• Ask what notice they are giving and why
• You are entitled to reasonable notice, for most lodger arrangements, one month's notice is considered reasonable
• If you are told to leave without any opportunity to collect belongings, seek advice immediately from Citizens Advice or a housing charity

If the landlord uses or threatens physical force to remove you, contact the police. Using physical force or threats to evict someone is a criminal offence.

What if you do not think you are an excluded occupier?

Not everyone who lives with their landlord is an excluded occupier. If you rent an entire flat or house, even from a landlord who owns other properties in the same building, you may have the full protections of an assured shorthold tenancy. The key question is whether you share living accommodation (such as a kitchen or bathroom) with the landlord personally. If not, you are likely a tenant with full protections.

When should I contact Support for Tenants?

We handle housing disrepair claims. If the accommodation you are living in, whether as a lodger or a tenant, is in poor condition and affecting your health, we may be able to help.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Protection from Eviction Act 1977 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)