Excluded occupier
An excluded occupier is someone who has limited rights to remain in a residential building, for example, a tenant who shares accommodation with the landlord, or who lives in the same building as the landlord while sharing accommodation with a member of the landlord’s family. The Protection from Eviction Act 1977 states that, in this context, accommodation refers to any room (i.e. living room, bathroom, kitchen), but not ancillary areas such as storage, hallways, stairways, and so on.
The landlord is not obliged to provide an excluded occupier with a contract, although it is still recommended that there is a written agreement setting out the rights and responsibilities of both parties.
The tenant must give reasonable notice to the landlord before leaving the property, typically at least seven days. If it is a fixed-term agreement, notice to leave cannot be given before the fixed term ends unless a clause in the agreement allows for this, or if both parties agree.
If the landlord wishes to evict an excluded occupier, they need only provide ‘reasonable notice to quit’. What is deemed ‘reasonable notice’ can depend on the length of time that the tenant has lived there, how often they pay rent, how quickly another tenant is required to move in by the landlord, and so on.
If the tenant refuses to leave after this notice period, an application to a court is not required, the landlord can simply change the locks on the tenant’s rooms. (The landlord must, however, give the tenant their possessions.)
An excluded occupier can also refer to the following:
- Someone who lives in a hostel that is council or housing association-run.
- Someone who does not pay any rent.
- A trespasser or squatter who is allowed to stay temporarily.
- A tenancy or licence granted to provide accommodation as asylum.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
The current and future global market dynamics of boilers
Significant challenges but adaptation to sustain for longer.
Designing sustainability and performance into buildings
Specifying and selecting sustainable resilient timber products.
Modifying wood to improve resistance to decay and movement.
A last minute, long look for built environment professionals.
The architecture of creative reuse. Book review.
Installing solar panels on listed structures.
Sustainable development global goals, history in progress?
"Unless we act now, the 2030 Agenda will become an epitaph for a world that might have been."
Mike Kagioglou FCIOB named CIOB President
'Sustainable Development Goals must be focus for construction'
BSRIA training; a look at what's on offer
From energy management to compliance training.
TESP video warns to beware of rogue trainers.
Highlighting the slippery tactics of non-approved providers.
New Building Safety Wiki launched
Boosting awareness and understanding of the new fire safety regime.
New playbook on AI in construction published by CIOB
How to get to grips with, and the best from AI.
Digital Construction Report NBS
BIM, cloud, off-site, immersive tech, AI, twins and sustainability.