Protection from Eviction Act 1977

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Protection from Eviction Act 1977
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Parliament of the United Kingdom
Long title An Act to consolidate section 16 of the Rent Act 1957 and Part III of the Rent Act 1965, and related enactments.
Citation 1977 c. 43
Territorial extent  England and Wales
Dates
Royal assent 29 July 1977
Commencement 29 August 1977
Other legislation
Amends Rent Act 1957
Repeals/revokes Rent Act 1965
Amended by Housing Act 1988
Status: Amended
Text of statute as originally enacted
Text of the Protection from Eviction Act 1977 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Protection from Eviction Act 1977 (c. 43) is an act of Parliament of the United Kingdom protecting people renting accommodation from losing their homes without the involvement of a court.

Contents

Contents

The act aims to protect tenants from being ejected from their homes by landlords unless a court order exists. Lodgers however can be evicted without a court order.

Section 3 states that no tenant can be forcibly evicted without a court order. The purpose of this section was to prevent aggressive landlords from becoming violent.

Section 3A states that there are a number of exclusions. These are primarily when a landlord resides in the same property as the tenant, or the accommodation falls within the definition of a hostel or hotel.

Section 5 states that everyone classified as having a lease or a licence, must be given four weeks' notice before they are evicted. Any "notice to quit" has no effect before this time unless there has been a breach of the license conditions. The license should state the minimum period in cases of breach, but this is commonly only 7 days notice by the licensor..

Failure to respect the act

Police have frequently failed to intervene when tenants were forceably removed from their homes without a court order or when tenants' property was removed from their homes and locks changed without a court order. Shelter maintain that in 2016 nearly 50,000 tenants had their belongings removed, and the locks changed by landlords. Over 200,000 tenants were harassed by their landlord and some 600,000 had their landlord enter their home without permission. Police wrongly believe these are civil matters and police need better training in the law. Eviction of tenants (but not licensees) without a court order is a criminal offence under section 1 of the Protection from Eviction Act 1977. [1]

See also

References

  1. ↑ Wall, Tom (9 June 2018). "Police 'fail to act' as tenants are illegally thrown out". The Guardian .
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