Topics
- 1 Introduction
- 2 Key Themes and Provisions
- 2.1 Protection of Residential Occupiers (Section 1)
- 2.2 Unlawful Eviction (Section 1(2))
- 2.3 Harassment of Occupiers (Section 1(3) & (3A))
- 2.4 Criminal Liability (Section 1(4) & (6))
- 2.5 Restriction on Re-entry without Due Process (Section 2)
- 2.6 Prohibition of Eviction Without Due Process (Section 3)
- 2.7 Excluded Tenancies and Licenses (Section 3A)
- 2.8 Validity of Notices to Quit (Section 5)
- 2.9 Prosecution and Enforcement (Sections 6 & 7)
- 2.10 Interpretation (Section 8)
- 2.11 The Court (Section 9)
- 3 Important Ideas and Facts
- 4 Conclusion
- 5 Act: Table of Contents
Introduction
1. The Protection from Eviction Act 1977 consolidates and updates the laws related to the protection of residential occupiers from unlawful eviction and harassment. It sets out the rights of residential occupiers, defines what constitutes unlawful eviction and harassment, and establishes legal processes for repossessing properties.
2. The Act has been amended several times since its initial enactment in 1977. This entry reflects the law as it stands on May 17, 2024. There are changes which may come into effect on future dates.
Key Themes and Provisions
3. The following sections have particular relevance for supported housing providers.
Protection of Residential Occupiers (Section 1)
4. The Act’s core purpose is to protect individuals occupying premises as their residence, regardless of whether their right to occupy is through a contract, law, or other means.
5. A “residential occupier” is defined broadly to include anyone living in premises as a residence and “occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.”
Unlawful Eviction (Section 1(2))
6. This section aims to prevent landlords from forcibly removing tenants without following proper legal procedures. It is a criminal offense for someone to unlawfully deprive a residential occupier of their occupation or to attempt to do so, unless they can prove they had reasonable cause to believe the occupier had ceased to reside there. .
Harassment of Occupiers (Section 1(3) & (3A))
7. Landlords, or agents acting on their behalf, are prohibited from acts designed to force a residential occupier to give up the occupation of the premises or stop them from exercising their rights as a tenant/resident. These acts include interference with peace or comfort and/or persistent withdrawal or withholding of services reasonably required. There is a caveat that a person is not guilty if they can show they had “reasonable grounds” for their actions. This protects tenants from being forced out through bullying, neglect, or disruption of essential services.
Criminal Liability (Section 1(4) & (6))
8. Violations of this Act can lead to both summary conviction (fines and up to 6 months imprisonment) and conviction on indictment (fines and up to 2 years imprisonment). The Act clearly states that where the offence is committed by a body corporate, its directors, managers, or other officers who enabled that offense are also liable.
Restriction on Re-entry without Due Process (Section 2)
9. Landlords cannot enforce a right of re-entry or forfeiture, even if it’s written into the lease, without going through the courts if someone is lawfully residing there. This ensures that tenants are not evicted without a legal order.
Prohibition of Eviction Without Due Process (Section 3)
10. This section extends the protection from re-entry to tenants whose tenancies have ended but who still live in the premises. It prevents landlords from evicting occupants without a court order. This protection is further extended to licensed properties and licences (other than “excluded” licences).
Excluded Tenancies and Licenses (Section 3A)
11. This section defines specific situations in which a tenancy or license falls outside the scope of the Act’s protections, effectively allowing a landlord to bypass the need for a court order to evict someone. These exceptions include instances where the occupier shares accommodations with the landlord/licensor or a member of their family in certain circumstances, where the premises are used for a holiday, or where the accommodation is temporary or within a hostel (as defined in the Housing Act 1985). Other exclusions relate to immigration laws.
Validity of Notices to Quit (Section 5)
12. This part of the Act stipulates that all notices given by landlords or tenants must be in writing, include prescribed information, and be given at least 4 weeks before the termination date unless they relate to “excluded tenancies” or “excluded licences.” These rules ensure that all parties receive reasonable notice before a move.
Prosecution and Enforcement (Sections 6 & 7)
13. The Act outlines which authorities can bring a prosecution under the law and specifies how information is to be served by notices.
Interpretation (Section 8)
14. The Act defines key terms such as “statutorily protected tenancy,” “excluded tenancy,” “excluded license,” and “owner.”
The Court (Section 9)
15. The Act designates the county court or the High Court for resolving disputes under Part 1 of the Act.
Important Ideas and Facts
Balance of Power
16. The Act addresses the power imbalance between landlords and tenants, providing legal protections to tenants.
Criminal Offenses
17. Landlords risk criminal charges for unlawful eviction or harassment.
Specific Exclusions
18. Certain situations, such as shared accommodations, are excluded from the Act.
Legal Process Focus
19. The Act emphasises resolving disputes through legal channels.
Wales Exception
20. Certain provisions do not apply to dwellings in Wales under the Renting Homes (Wales) Act 2016.
Conclusion
21. The Protection from Eviction Act 1977 provides critical safeguards for residents and outlines clear legal processes for landlords. Its provisions seek to ensure a fair balance of power and legal recourse for all parties.
Act: Table of Contents
| Part/Section/Schedule | Title |
|---|---|
| Whole Act | Protection from Eviction Act 1977 |
| Part I | Unlawful Eviction and Harassment |
| Section 1 | Unlawful eviction and harassment of occupier |
| Section 2 | Restriction on re-entry without due process of law |
| Section 3 | Prohibition of eviction without due process of law |
| Section 3A | Excluded tenancies and licences (inserted by Housing Act 1988) |
| Section 4 | Special provisions for agricultural employees |
| Part II | Notice to Quit |
| Section 5 | Validity of notices to quit |
| Part III | Supplemental Provisions |
| Section 6 | Prosecution of offences |
| Section 7 | Service of notices |
| Section 8 | Interpretation |
| Section 9 | The court for purposes of the Act |
| Section 10 | Application to Crown |
| Section 11 | Application to Isles of Scilly |
| Section 12 | Consequential amendments, etc. |
| Section 13 | Short title etc. |
| Schedules | |
| Schedule 1 | Consequential amendments |
| Schedule 2 | Transitional provisions and savings |
| Schedule 3 | Repeals |