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Protection from Eviction Act 1977

The Protection from Eviction Act 1977 gives rights to tenants to remain in a property until ordered to vacate by a Court Possession Order.

There are lawful reasons to evict a tenant but this legislation addresses the unlawful nature of eviction whereby a tenant is evicted without due process.

The key pieces of the legislation provide for:

Section 3 provides:

Prohibition of eviction without due process of law.

(1)Where any premises have been let as a dwelling under a tenancy which is neither a statutorily protected tenancy nor an excluded tenancy] and—

(a)the tenancy (in this section referred to as the former tenancy) has come to an end, but

(b)the occupier continues to reside in the premises or part of them,

it shall not be lawful for the owner to enforce against the occupier, otherwise than by proceedings in the court, his right to recover possession of the premises. 

 

Section 3A There are exclusions to the above:

Excluded tenancies and licences.

(1)Any reference in this Act to an excluded tenancy or an excluded licence is a reference to a tenancy or licence which is excluded by virtue of any of the following provisions of this section.

(2)A tenancy or licence is excluded if—

(a)under its terms the occupier shares any accommodation with the landlord or licensor; and

(b)immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part.

(3)A tenancy or licence is also excluded if—

(a)under its terms the occupier shares any accommodation with a member of the family of the landlord or licensor;

(b)immediately before the tenancy or licence was granted and also at the time it comes to an end, the member of the family of the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part; and

(c)immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises in the same building as the shared accommodation and that building is not a purpose-built block of flats.

Section 5 provides for minimum notice.

Validity of notices to quit.

(1)Subject to subsection (1B) below] no notice by a landlord or a tenant to quit any premises let (whether before or after the commencement of this Act) as a dwelling shall be valid unless—

(a)it is in writing and contains such information as may be prescribed, and

(b)it is given not less than 4 weeks before the date on which it is to take effect.

You can download the complete Protection from Eviction Act 1977 HERE

And we also have a guide on illegal evictions HERE.