Eviction of excluded occupiers
If you are an excluded occupier your landlord can evict you without having to go to court. This section explains how landlords can evict excluded occupiers.
If you are being evicted you can get help from Shelter Cymru, see advice near you to find an advice surgery near you.
Am I an excluded occupier?
You are likely to be an excluded occupier if:
- you share facilities such as a kitchen or bathroom with your landlord
- your landlord lives in the same building and you share facilities with a member of your landlord’s family
- you are living in your accommodation for a holiday
- you are a hotel guest
- you do not pay any rent, or anything in lieu of rent, for your accommodation.
What must my landlord do to evict me if I am an excluded occupier?
Landlords normally have to follow special legal procedures to evict occupiers, including obtaining a court order.
If you are an excluded occupier you to do not have this protection and your landlord can evict you after you have been given ‘reasonable notice’.
Your landlord doesn’t need a court order to evict you.
What is ‘reasonable notice’?
Reasonable notice should normally be at least 7 days, but it can be more depending on your circumstances.
The notice usually doesn’t have to be in writing.
If you have a written agreement with your landlord it should say how much notice you should be given and whether it must be given to you in writing.
If you don’t have a written agreement you may still have agreed with your landlord about the length of notice before you leave.
There are no set rules about what is reasonable. It depends on:
- the length of time you have been living there
- the length of time between rent payments
- whether you have been getting on with your landlord
- how quickly the landlord needs someone else to move in
- your personal circumstances.
What happens after the notice ends?
Once your landlord has given reasonable notice and it has ended you can be evicted. Your landlord has the right to change the locks while you are out or may remove your belongings and place them outside to persuade you to leave.
Your landlord may commit a criminal offence if physical violence is used or threatened during the eviction. See our pages on harassment and illegal eviction.
Even though it is not necessary it is good practice for landlords to get a possession order from the court to evict excluded occupiers. The court has no choice but to make a possession order as long as reasonable notice has been given.
We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 0345 075 5005.