Understanding Excluded Licences and Tenancies in England

If you rent or share accommodation in England, knowing whether you have an ‘excluded licence’ or a ‘tenancy’ can directly affect your rights — especially concerning eviction, notice periods, and access. This article breaks down the key differences, official forms, and actions for renters who want to understand or challenge their arrangement.

What Is an Excluded Licence?

An excluded licence is a type of agreement often used when you live with your landlord as a lodger — for example, renting a room in their home with shared spaces like the kitchen or bathroom. Because you share living space, you do not have as many protections as most tenants in England.

• Eviction: Your landlord can usually evict you with "reasonable notice" and doesn't need a court order.
• Notice periods: This is often the period you pay rent for (e.g., one week if you pay weekly).
• Rights: You typically have fewer legal rights than assured shorthold tenants.

What Is a Tenancy?

Most renters in England have an assured shorthold tenancy (AST), protected under the Housing Act 1988. With a tenancy, your landlord must follow strict rules for rent increases, eviction, and repairs.

• Eviction: Landlords must serve you legal notice and obtain a court order to evict.
• Notice periods: Usually at least two months (using a Section 21 notice), but this may be longer if the rules change.
• Rights: You are protected against unfair eviction and have rights to repairs and proper notice.

Understanding which you have is crucial because your rights and legal protections differ significantly.

How to Tell if You Have an Excluded Licence or a Tenancy

Whether you’re a lodger or a tenant usually depends on whether:

• You live with your landlord (typically an excluded licence).
• You have exclusive use of your space (typically a tenancy).

If you’re unsure, use Shelter’s Tenancy Checker or check your written agreement for clarity, but note that your rights depend more on your actual living situation than what the agreement is called.

Eviction Processes: Excluded Licence vs Tenancy

If You Have an Excluded Licence

• Your landlord can ask you to leave at any time with “reasonable notice”.
• No court order is needed; notice can even be verbal.
• If you do not leave, your landlord must not use violence or force — you can seek help from your local council if you feel threatened.

If You Have a Tenancy (Assured Shorthold Tenancy)

• Your landlord must give you a valid written notice (Section 21 or Section 8), then apply for a court order if you do not leave.
• They must use the correct forms and follow all legal procedures.

Key Official Forms for Renting in England

• Section 21 Notice (Form 6A): Form 6A is used by landlords to begin the 'no-fault' eviction process for tenants with an assured shorthold tenancy. Example: If your landlord wants you to leave at the end of your fixed term, they must provide this notice. View official guidance and download Form 6A.
• Section 8 Notice (Form 3): Form 3 is used when a landlord seeks eviction for specific reasons (like rent arrears or damage). Example: If you're behind on rent, your landlord may serve this notice. Access Form 3 and instructions.

There is no official form required for landlords to end an excluded licence, but a written notice is helpful for clarity.

Who Handles Disputes? The First-tier Tribunal (Property Chamber)

For rent increases, deposits, or other rental disputes in England (except eviction cases, which usually go through the County Court), you may contact the First-tier Tribunal (Property Chamber).

• For eviction, disputes usually go through the County Court Possession Service.

Legislation Covering Tenancy Rights in England

The main law for most private renters in England is the Housing Act 1988. Excluded licences and occupiers may have some basic protection under the Protection from Eviction Act 1977.

What If Your Agreement Isn’t Clear?

It’s not always easy to tell which type you have, especially with informal arrangements. If you’re treated as a tenant even if your contract says ‘licence,’ your legal rights could be greater than stated. Always seek professional advice if you’re unsure.

1. Can a landlord evict a lodger (excluded licence holder) without a court order?
   Yes, if you share living space with your landlord, they can usually evict you with reasonable notice without using the courts. However, they must not use force or violence, and you can seek help if you feel unsafe.
2. How much notice should a landlord give to end an excluded licence?
   Typically, "reasonable notice" is at least the period you pay rent for (for example, one week for weekly rent), but check your agreement for specifics.
3. Do I have more rights with a tenancy than with an excluded licence?
   Yes. Tenants, especially those with an assured shorthold tenancy, have stronger protections against eviction, rent increases, and are entitled to repairs and a secured deposit scheme.
4. If my landlord gives me a Section 21 notice, what should I do?
   Carefully check the notice is completed correctly and meets all legal requirements. You can challenge invalid notices or seek advice from your local council or the First-tier Tribunal (Property Chamber).
5. Where can I get official help if I’m unsure about my tenancy type?
   Your first stop should be your local council’s housing options team or Shelter England for independent advice and guidance.

Key Takeaways for Renters

• Knowing if you have an excluded licence or a tenancy affects your notice period, eviction, and legal protections.
• Only tenants (not most lodgers) are protected from eviction without a court order.
• If you are unsure which applies to you, check your situation or get official advice — rights depend more on the facts than the label.

In summary: Always clarify your living status, understand your agreement, and seek trusted guidance if things become unclear.

Need Help? Resources for Renters

• Types of Tenancy Agreements (GOV.UK)
• Find Your Local Council for Housing Advice
• Shelter England: Free Housing Advice
• First-tier Tribunal (Property Chamber)
• County Court Possession Service

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1. Housing Act 1988
2. Protection from Eviction Act 1977
3. Assured Tenancy Forms (GOV.UK)
4. Types of Tenancy: GOV.UK

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