Eviction Notice For Family Member Template for England and Wales

When family living arrangements break down, you may need to formally request that a relative leaves your property. An eviction letter for a family member gives you a lawful way to do this under England and Wales law, so you meet statutory notice requirements while protecting both sides.

What is an eviction letter for a family member?

It is a written notice that tells a relative living in your home the date by which they must vacate. It records the reason for asking them to leave, the notice period you are giving, and the date you require possession. Because most relatives occupy under a licence rather than a tenancy, the letter usually relies on the Protection from Eviction Act 1977 and common law rather than a formal section notice.

When do you need this document?

You'll need this notice when informal discussions have failed and you want legal certainty about the vacation date. Common situations include an adult child who refuses to leave the family home, a relative who has overstayed, or an in-law whose behaviour has become difficult. It is also useful when you need to sell or re-let the property, as it creates a clear record of your intentions and the date you first asked the person to go. If the relative claims tenancy rights or will not accept that they must leave, the letter sets out your position and starts the formal process.

How do you write an eviction letter to a family member?

Keep it clear and factual. State the full name of the person, the address of the property, the date of the letter, and the date by which you want them to vacate. Explain briefly why you are asking them to leave and confirm the notice period you are giving. Say how the letter is being served and keep a copy for your records. A calm, respectful tone helps preserve the relationship where possible while still making your legal position plain. You can generate a tailored version with GenieAI and adjust the wording to your circumstances.

What notice period should you give?

The notice period depends on the person's legal status. Most relatives are licensees, and for a licensee the notice period is typically at least four weeks of reasonable notice, though giving a full month or more is common where the person has lived with you for some time. Where any tenancy exists, the Housing Act 1988 may require a specific section notice and a longer period, often several months of days' notice, before a court will consider a possession order. Allow extra time where the person is vulnerable or where children are involved, so the recipient has a genuine chance to find alternative accommodation and arrange support.

Key legal considerations

The legal status of the relative determines which laws apply and what notice period is required. Licensees have fewer rights than tenants but are still entitled to reasonable notice and cannot be forced out without proper procedure. State the reason clearly and specify which parts of the property must be vacated and by when. Consider whether the person has contributed to household costs, for example whether they pay rent or make any regular payment towards bills, and whether they have any occupation rights, for example under the Family Law Act 1996 in matrimonial cases. Any regular payment can affect their status and change the route you take. This differs from how you evict a tenant on a formal tenancy, where the process runs through the Housing Act 1988 and set section notices.

What happens if the family member won't leave?

If the person stays past the date in the notice, you cannot remove them yourself or change the locks. Under the Protection from Eviction Act 1977 that would be unlawful. The next step is to apply to court for a possession order. At a possession hearing a judge will hear both sides and decide whether to grant the order, and, if granted, arrange for it to be enforced. The written notice you served becomes important evidence of when and how you asked the person to leave, so keep proof of service and any record showing whether they were asked to pay towards costs.

How do you serve the notice properly?

Serve the letter in a way you can prove later. Hand delivery with a witness present is common, and you may also want to send a copy by post. Note the date and method of service and keep a copy. Clear service, a reasonable date to vacate, and a record of contact all strengthen your position if you later need a court to grant possession. For advice tailored to your circumstances and related situations, you can also look at the eviction notice and notice to vacate templates.