As a property owner or landlord, you may encounter a situation where you need to remove someone from your property. If this individual is classified as an excluded occupier, the process for removal is quite different from the formal eviction process used for tenants. Whether you’re dealing with someone who is living on your property without a formal agreement or someone who is unlawfully occupying land, understanding the legal framework and the proper steps to take is crucial.
In this blog, we’ll break down what an excluded occupier is, the legal steps involved in removing them, and how Eviction Support Group can assist in the process.
What is an Excluded Occupier?
An excluded occupier is someone who occupies a property with the permission of the landlord, but without the protections that come with a formal tenancy agreement. This category generally includes individuals such as:
- Lodgers: People who live in a property that is also the landlord’s home, sharing common areas such as a kitchen or bathroom.
- Licensees: Those who are given permission to stay on a property or land, but without a lease or tenancy agreement. This could include family members or friends who have been allowed to live on the property informally.
Excluded occupiers are not entitled to the same level of protection as tenants under the Housing Act 1988 or the Protection from Eviction Act 1977. This means that landlords can remove excluded occupiers much more quickly and with fewer legal hurdles, but it’s still important to follow the correct procedures to avoid any potential complications.
Legal Framework for Removing an Excluded Occupier
The process for removing an excluded occupier is relatively straightforward, but it’s important to understand the steps you need to take. Here’s a quick rundown:
1. Termination of the Occupation
To remove an excluded occupier, the landlord simply needs to terminate the agreement or permission that allowed the occupier to stay. If the excluded occupier was a lodger or licensee, this can usually be done with reasonable notice, typically a minimum of 28 days, unless another time period is agreed upon in the informal agreement or through the conduct of the parties. Importantly, you do not need a court order to remove an excluded occupier from your property.
2. Providing Notice
While no formal written tenancy agreement may be in place, it’s still advisable to provide the excluded occupier with written notice of your intention to end their stay. The notice should state the date you expect them to leave, giving them the required notice period. It’s always good practice to send this notice by recorded delivery or another verifiable method to avoid any dispute about the timeline or your intentions.
3. Entering the Property
Once the notice period has elapsed, if the excluded occupier refuses to leave, you have the right to enter the property and remove them. You should not attempt to use force yourself—doing so could be considered unlawful eviction. This is where Eviction Support Group come in.
How Eviction Support Group Can Help
If the excluded occupier refuses to vacate the premises after the notice period has expired, you may need professional assistance. Eviction Support Group can assist in removing the occupier from the property or land legally and efficiently. Here’s how they can help:
The Role of a Bailiff
Bailiffs are enforcement agents who can assist with the physical removal of someone who refuses to leave a property after all proper notices have been served. They have the legal authority to:
- Enforce the removal: If the occupier doesn’t leave voluntarily after the notice period ends, bailiffs can attend the property to ensure the removal is carried out.
- Maintain the peace: Bailiffs are trained to handle these situations professionally, ensuring that the removal process is carried out without unnecessary conflict. They can help defuse tense situations, minimizing the risk of confrontation.
- Ensure compliance: Bailiffs can ensure that the occupier is removed according to the law, protecting the landlord from any legal repercussions that may arise from an improper eviction.
The Process of Using a Bailiff
Once you have provided notice to the excluded occupier and given them the required time to leave, if they refuse to vacate, you can contact a bailiff. Here’s a basic outline of what will happen:
- Initial Contact: The bailiff will send a formal letter called a Notice to Quit to the occupier informing them of the impending removal. This gives the occupier one final opportunity to leave voluntarily.
- Bailiff Visit: If the occupier still refuses to vacate, the bailiff will visit the property in person. The occupier will be asked to leave. In most cases, this is enough to convince them to comply.
- Removal: If the occupier continues to resist, the bailiff will have the authority to remove the individual from the property, following the correct legal procedures.
What You Should Avoid
While the law is on your side when removing an excluded occupier, it’s crucial to avoid certain actions that could lead to legal problems:
- Unlawful eviction: Do not change the locks, remove their belongings, or physically force someone out without following the correct legal procedures. Doing so could be considered unlawful eviction, and you may face legal consequences.
- Harassment: Avoid any form of intimidation or harassment towards the excluded occupier. Even if they have overstayed their welcome, you must remain within the boundaries of the law.
Conclusion
The removal of an excluded occupier from property or land is often a simpler process than removing a tenant, but it still requires careful attention to legal details. By providing appropriate notice and following the correct procedure, landlords can regain possession of their property without unnecessary delay.
Eviction Support Group offers expert services to ensure that the process is handled professionally, efficiently, and in accordance with the law. Whether you’re dealing with a lodger, licensee, or anyone else occupying your property, the assistance of a bailiff ensures the eviction process is completed without incident, leaving you free to manage your property as you see fit.
If you find yourself needing to remove an excluded occupier, don’t hesitate to get in touch with us for expert advice and assistance on 03330 428277 or by email to info@evictionsupport.co.uk. Your peace of mind is just a phone call away.
