Eviction Rules for Shared Rooms and HMOs in England
If you rent a shared room in England—such as in a House in Multiple Occupation (HMO) or as a lodger—it's vital to know your rights and the eviction process. Shared living situations can make eviction seem confusing, but UK law offers renters clear protections. This guide walks you through when and how you can be evicted from a shared room, what legal procedures landlords must follow, and what support is available to you.
Types of Shared Room Arrangements
The rules around eviction may differ depending on the tenancy agreement type and who you share with. The main types include:
- Joint tenancies: Where you, and others, are all named on one tenancy agreement.
- Individual tenancies in shared housing (HMO): You rent a room and share communal areas.
- Lodgers: You rent a room in the landlord's home, and the landlord lives there.
Understanding your specific rental arrangement is the first step to knowing your rights.
When Can You Be Evicted from a Shared Room?
Landlords in England cannot remove tenants without following legal procedures. The process varies based on your rental arrangement:
Tenants in HMOs or Shared Houses
- Assured Shorthold Tenancy (AST): The most common agreement. To evict you, the landlord must serve either:
- A Section 21 notice (seeking 'no-fault' eviction after the fixed term or during a periodic tenancy).
- A Section 8 notice if you have breached your tenancy terms, such as rent arrears or anti-social behaviour.
- If you share a joint tenancy, all tenants may be affected by an eviction notice.
Learn more about the types of tenancy agreements on GOV.UK.
Lodgers
- If you live with your landlord as a lodger, you likely have fewer rights. The landlord can usually end your stay with a reasonable notice period, unless you've signed a fixed-term agreement.
- Lodgers do not have the same protection from eviction as tenants, but landlords cannot use force or lock you out without following the correct process.
Check detailed rights for lodgers on the GOV.UK lodger eviction page.
Legal Eviction Process and Official Forms
Evictions in England are governed by the Housing Act 1988[1]. Strict procedures protect renters' rights and ensure fair notice.
Section 21 Notice (Form 6A)
- Name: Section 21 Notice to Quit (Form 6A)
- When used: For ending an assured shorthold tenancy (AST) without alleging fault. Must give at least two months' notice.
- Example: Your landlord wants you to leave after your fixed-term contract ends. They must serve you a Form 6A to begin the process.
- Download Form 6A and guidance from GOV.UK
Section 8 Notice
- Name: Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy (Form 3)
- When used: If you have breached your tenancy (e.g., rent arrears, damage).
- Example: If you are over two months in rent arrears, your landlord may serve a Section 8 notice using Form 3, stating the grounds for eviction.
- See Form 3 and guidance on GOV.UK
Possession Orders and County Court Bailiffs
- If you do not leave after a legal notice period, your landlord must apply to the County Court for a possession order.
- Only after the court has granted a possession order can an official bailiff evict you.
Your Rights During the Eviction Process
Even if you're being evicted from a shared room or HMO, you have legal protections:
- To receive written notice in the correct form
- To stay in your home until the notice period ends and a court order is obtained (for most tenants)
- Protection from harassment or illegal eviction attempts
Most eviction cases for private renters are overseen by the First-tier Tribunal (Property Chamber), which hears disputes over rent, repairs, and certain tenancy terms. Actual eviction proceedings are heard by the County Court.
Steps to Take If You Receive an Eviction Notice
- Check your tenancy type and ensure the notice is valid.
- Confirm the correct notice period has been given.
- Seek advice from a renters' rights service or your local council if you have concerns.
- If you think the eviction is unlawful, report illegal eviction to your council.
Remember: Only a court-appointed bailiff can require you to leave after a possession order. Your landlord cannot force you to leave themselves.
FAQ: Shared Room Evictions in England
- Can I be evicted without written notice?
Only in rare cases (e.g., if you are a lodger living with your landlord and have no fixed-term agreement) can you be evicted with simple verbal notice. Otherwise, written notice served in the correct form is required. - What is the minimum notice period for eviction in shared rooms?
For most assured shorthold tenants, landlords must give at least two months' notice with a Section 21 (Form 6A) or between two weeks and two months depending on the grounds under Section 8. - What happens if I don't leave after the notice period ends?
Your landlord must get a possession order from the County Court. You cannot lawfully be removed without a court order and bailiff involvement. - Do lodgers have the same protections as other tenants?
Lodgers have fewer protections. Typically, your landlord can ask you to leave with "reasonable notice.” Seek advice if you’re uncertain. - Can I appeal an eviction if I think it’s unfair?
You may challenge an eviction notice in court if you believe it’s invalid, for example, if the notice wasn’t served correctly or your landlord breached legal requirements.
Conclusion: Key Takeaways
- You cannot usually be evicted from a shared room in England without due legal process and written notice.
- The type of tenancy or licence you have determines your rights and notice periods.
- If you're unsure about an eviction notice, seek independent legal advice promptly.
Stay informed and act quickly if you receive any notice of eviction to protect your rights and housing.
Need Help? Resources for Renters
- GOV.UK: Eviction rules for private renters
- GOV.UK: Eviction and homelessness help
- Shelter England: Eviction advice
- Your local council’s housing department – search find your local council tool
- First-tier Tribunal (Property Chamber) for certain disputes
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