Protection from Eviction Act 1977

Part I — Unlawful Eviction and Harassment

Unlawful eviction and harassment of occupier

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• (1) In this section “residential occupier”, in relation to any premises, means a person 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.

• (2) If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.

• (3) If any person with intent to cause the residential occupier of any premises—

• (a) to give up the occupation of the premises or any part thereof; or

• (b) to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;

does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.

• (3A) Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—

• (a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or

• (b) he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,

and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.

• (3B) A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.

• (3C) In subsection (3A) above “landlord”, in relation to a residential occupier of any premises, means the person who, but for—

• (a) the residential occupier’s right to remain in occupation of the premises, or

• (b) a restriction on the person’s right to recover possession of the premises,

would be entitled to occupation of the premises and any superior landlord under whom that person derives title.

• (4) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a fine not exceeding the prescribed sum or to imprisonment for a term not exceeding 6 months or to both;

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.

• (5) Nothing in this section shall be taken to prejudice any liability or remedy to which a person guilty of an offence thereunder may be subject in civil proceedings.

• (6) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Restriction on re-entry without due process of law

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Where any premises are let as a dwelling on a lease which is subject to a right of re-entry or forfeiture it shall not be lawful to enforce that right otherwise than by proceedings in the court while any person is lawfully residing in the premises or part of them.

Prohibition of eviction without due process of law

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• (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.

• (2) In this section “the occupier”, in relation to any premises, means any person lawfully residing in the premises or part of them at the termination of the former tenancy.

• (2A) Subsections (1) and (2) above apply in relation to any restricted contract (within the meaning of the Rent Act 1977) which—

• (a) creates a licence; and

• (b) is entered into after the commencement of section 69 of the Housing Act 1980;

as they apply in relation to a restricted contract which creates a tenancy.

• (2B) Subsections (1) and (2) above apply in relation to any premises occupied as a dwelling under a licence, other than an excluded licence, as they apply in relation to premises let as a dwelling under a tenancy, and in those subsections the expressions “let” and “tenancy” shall be construed accordingly.

• (2C) References in the preceding provisions of this section and section 4(2A) below to an excluded tenancy do not apply to—

• (a) a tenancy entered into before the date on which the Housing Act 1988 came into force, or

• (b) a tenancy entered into on or after that date but pursuant to a contract made before that date,

but, subject to that, “excluded tenancy” and “excluded licence” shall be construed in accordance with section 3A below.

• (3) This section shall, with the necessary modifications, apply where the owner’s right to recover possession arises on the death of the tenant under a statutory tenancy within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976.

Special provisions for agricultural employees

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• (1) This section shall apply where the tenant under the former tenancy (within the meaning of section 3 of this Act) occupied the premises under the terms of his employment as a person employed in agriculture, as defined in section 1 of the Rent (Agriculture) Act 1976, but is not a statutory tenant as defined in that Act.

• (2) In this section “the occupier”, in relation to any premises, means—

• (a) the tenant under the former tenancy; or

• (b) the surviving spouse or surviving civil partner of the tenant under the former tenancy residing with him at his death or, if the former tenant leaves no such surviving spouse or surviving civil partner, any member of his family residing with him at his death.

• (2A) In accordance with section 3(2B) above, any reference in subsections (1) and (2) above to the tenant under the former tenancy includes a reference to the licensee under a licence (other than an excluded licence) which has come to an end (being a licence to occupy premises as a dwelling); and in the following provisions of this section the expressions “ tenancy ” and “ rent ” and any other expressions referable to a tenancy shall be construed accordingly.

• (3) Without prejudice to any power of the court apart from this section to postpone the operation or suspend the execution of an order for possession, if in proceedings by the owner against the occupier the court makes an order for the possession of the premises the court may suspend the execution of the order on such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, mesne profits and otherwise as the court thinks reasonable.

• (4) Where the order for possession is made within the period of 6 months beginning with the date when the former tenancy came to an end, then, without prejudice to any powers of the court under the preceding provisions of this section or apart from this section to postpone the operation or suspend the execution of the order for a longer period, the court shall suspend the execution of the order for the remainder of the said period of 6 months unless the court—

• (a) is satisfied either—

• (i) that other suitable accommodation is, or will within that period be made, available to the occupier; or

• (ii) that the efficient management of any agricultural land or the efficient carrying on of any agricultural operations would be seriously prejudiced unless the premises are available for occupation by a person employed or to be employed by the owner; or

• (iii) that greater hardship (being hardship in respect of matters other than the carrying on of such a business as aforesaid) would be caused by the suspension of the order until the end of that period than by its execution within that period; or

• (iv) that the occupier, or any person residing or lodging with the occupier, has been causing damage to the premises or has been guilty of conduct which is a nuisance or annoyance to persons occupying other premises; and

• (b) considers that it would be reasonable not to suspend the execution of the order for the remainder of that period.

• (5) Where the court suspends the execution of an order for possession under subsection (4) above it shall do so on such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, mesne profits and otherwise as the court thinks reasonable.

• (6) A decision of the court not to suspend the execution of the order under subsection (4) above shall not prejudice any other power of the court to postpone the operation or suspend the execution of the order for the whole or part of the period of 6 months mentioned in that subsection.

• (7) Where the court has, under the preceding provisions of this section, suspended the execution of an order for possession, it may from time to time vary the period of suspension or terminate it and may vary any terms or conditions imposed by virtue of this section.

• (8) In considering whether or how to exercise its powers under subsection (3) above, the court shall have regard to all the circumstances and, in particular, to—

• (a) whether other suitable accommodation is or can be made available to the occupier;

• (b) whether the efficient management of any agricultural land or the efficient carrying on of any agricultural operations would be seriously prejudiced unless the premises were available for occupation by a person employed or to be employed by the owner; and

• (c) whether greater hardship would be caused by the suspension of the execution of the order than by its execution without suspension or further suspension.

• (9) Where in proceedings for the recovery of possession of the premises the court makes an order for possession but suspends the execution of the order under this section, it shall make no order for costs, unless it appears to the court, having regard to the conduct of the owner or of the occupier, that there are special reasons for making such an order.

• (10) Where, in the case of an order for possession of the premises to which subsection (4) above applies, the execution of the order is not suspended under that subsection or, the execution of the order having been so suspended, the suspension is terminated, then, if it is subsequently made to appear to the court that the failure to suspend the execution of the order or, as the case may be, the termination of the suspension was—

• (a) attributable to the provisions of paragraph (a)(ii) of subsection (4), and

• (b) due to misrepresentation or concealment of material facts by the owner of the premises,

the court may order the owner to pay to the occupier such sum as appears sufficient as compensation for damage or loss sustained by the occupier as a result of that failure or termination.

Part II — Notice to Quit

Validity of notices to quit

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• (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.

• (1A) Subject to subsections (1B) and (1C) below, no notice by a licensor or a licensee to determine a periodic licence to occupy premises as a dwelling (whether the licence was granted before or after the passing of this Act) 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.

• (1B) Nothing in subsection (1) or subsection (1A) above applies to—

• (a) premises let on an excluded tenancy which is entered into on or after the date on which the Housing Act 1988 came into force unless it is entered into pursuant to a contract made before that date; or

• (b) premises occupied under an excluded licence.

• (1C) Because of section 232 (forfeiture and notices to quit) of the Renting Homes (Wales) Act 2016 (anaw 1), this section does not apply to a dwelling in Wales which is subject to an occupation contract.

• (2) In this section “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument, and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Regulations under this section may make different provision in relation to different descriptions of lettings and different circumstances.

Part III — Supplemental Provisions

Prosecution of offences

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Proceedings for an offence under this Act may be instituted by any of the following authorities:—

• (a) councils of districts and London boroughs;

• (aa) councils of Welsh counties and county boroughs;

• (b) the Common Council of the City of London;

• (c) the Council of the Isles of Scilly.

Service of notices

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• (1) If for the purpose of any proceedings (whether civil or criminal) brought or intended to be brought under this Act, any person serves upon—

• (a) any agent of the landlord named as such in the rent book or other similar document, or

• (b) the person who receives the rent of the dwelling,

a notice in writing requiring the agent or other person to disclose to him the full name and place of abode or place of business of the landlord, that agent or other person shall forthwith comply with the notice.

• (2) If any such agent or other person as is referred to in subsection (1) above fails or refuses forthwith to comply with a notice served on him under that subsection, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale, unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, such of the facts required by the notice to be disclosed as were not disclosed by him.

• (3) In this section “landlord” includes—

• (a) any person from time to time deriving title under the original landlord,

• (b) in relation to any dwelling-house, any person other than the tenant who is or, but for Part VII of the Rent Act 1977 would be, entitled to possession of the dwelling-house, and

• (c) any person who, . . . grants to another the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantor.

Interpretation

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• (1) In this Act “statutorily protected tenancy” means—

• (a) a protected tenancy within the meaning of the Rent Act 1977 or a tenancy to which Part I of the Landlord and Tenant Act 1954 applies;

• (b) a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976;

• (c) a tenancy to which Part II of the Landlord and Tenant Act 1954 applies;

• (d) a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986which is a tenancy in relation to which that act applies.

• (e) an assured tenancy or assured agricultural occupancy under Part I of the Housing Act 1988

• (f) a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies.

• (g) a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.

• (h) an occupation contract within the meaning of the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act).

• (2) For the purposes of Part I of this Act a person who, under the terms of his employment, had exclusive possession of any premises other than as a tenant shall be deemed to have been a tenant and the expressions “let” and “tenancy” shall be construed accordingly.

• (3) In Part I of this Act “the owner”, in relation to any premises, means the person who, as against the occupier, is entitled to possession thereof.

• (4) In this Act “excluded tenancy” and “excluded licence” have the meaning assigned by section 3A of this Act.

• (5) If, on or after the date on which the Housing Act 1988 came into force, the terms of an excluded tenancy or excluded licence entered into before that date are varied, then—

• (a) if the variation affects the amount of the rent which is payable under the tenancy or licence, the tenancy or licence shall be treated for the purposes of sections 3(2C) and 5(1B) above as a new tenancy or licence entered into at the time of the variation; and

• (b) if the variation does not affect the amount of the rent which is so payable, nothing in this Act shall affect the determination of the question whether the variation is such as to give rise to a new tenancy or licence.

• (6) Any reference in subsection (5) above to a variation affecting the amount of the rent which is payable under a tenancy or licence does not include a reference to—