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Protection from Eviction Act 1977

Current text a fecha 2009-12-17

Part I — Unlawful Eviction and Harassment

Unlawful eviction and harassment of occupier

1

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.

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.

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

Restriction on re-entry without due process of law

2

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

3

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.

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

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

Special provisions for agricultural employees

4

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

5

Part III — Supplemental Provisions

Prosecution of offences

6

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

Service of notices

7

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.

Interpretation

8

The court for purposes of the Act

9

Application to Crown

10

In so far as this Act requires the taking of proceedings in the court for the recovery of possession or confers any powers on the court it shall (except in the case of section 4(10)) be binding on the Crown.

Application to Isles of Stilly

11

Consequential amendments, etc.

12

Short title etc.

13

SCHEDULE 1

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

1

In section 22(1) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, for “Part III of the Rent Act 1965” substitute “Part I of the Protection from Eviction Act 1977”.

County Courts Act 1959 (c. 22)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Caravan Sites Act 1968 (c. 52)

3

In section 5(5) of the Caravan Sites Act 1968 (provisions of Part III of the Rent Act 1965 relating to protection against eviction etc. not to apply to caravans on protected sites) for the words “Part III of the Rent Act 1965” substitute “the Protection from Eviction Act 1977”.

Rent (Agriculture) Act 1976 (c. 80)

4

In Schedule 5 to the Rent (Agriculture) Act 1976, in paragraph 10(2) for “section 16 of the Rent Act 1957” substitute “section 5 of the Protection from Eviction Act 1977”.

SCHEDULE 2

1
2

The enactments mentioned in Schedule 6 to the Rent Act 1965 shall, notwithstanding the repeal of that Act by this Act, continue to have effect as they had effect immediately before the commencement of this Act.

SCHEDULE 3

Restriction on re-entry without due process of law.

3A

and section 113 of the Housing Act 1985 shall apply to determine whether a person who is for the purposes of subsection (3) above a member of another’s family as it applies for the purposes of Part IV of that Act.

Editorial notes

[^c907902]: Act modified (prosp.) by 2002 c. 41, ss. 32(4), 162(1) (with s. 159)

[^c907903]: Powers transferred (W) (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch. 1

[^c907904]: Act modified by Housing Act 1980 (c. 51, SIF 61), s. 152, Sch. 25 para. 61

[^c907905]: Act not in force at Royal Assent; Act wholly in force at 29.8.1977 see s. 13(2)

[^c907907]: S. 1(3A)-(3C) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 29(2) (with s. 44(2)(b))

[^c907908]: Words substituted by Housing Act 1988 (c. 50, SIF 75:1), ss. 30(1), 44(2)(b)

[^c907909]: S. 3(2A) inserted by Housing Act 1980 (c. 51, SIF 61), s. 69(1)

[^c907910]: S. 3(2B)–(2C) inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 30(2), 44(2)(b)

[^c907911]: 1977 c. 42.

[^c907912]: 1976 c. 80.

[^c908005]: S. 3A inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 31, 44(2)(b)

[^c908006]: 1985 c. 68 (61).

[^c908007]: S. 3A(7A) inserted (11.11.1999) by 1999 c. 33, ss. 169(1), 170(3)(s), Sch. 14, para. 73

[^c908008]: 1985 c. 68(61).

[^c908009]: Words in s. 3A(8)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 4(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

[^c908010]: Words in s. 3A(8) inserted (3.7.2000) by 1999 c. 29, s. 328, Sch. 29 Pt. I para. 27 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)

[^c908011]: 1985 c. 51(81:1).

[^c908012]: 1981 c. 64(123:3).

[^c908013]: 1980 c. 65(123:1, 2).

[^c908014]: 1988 c. 50(61).

[^c908015]: S. 3A(8)(f) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1)); S.I. 1998/2244, art. 4

[^c908016]: Words in s. 3A(8)(g) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 2(a), Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1)); S.I. 1998/2244, art. 5

[^c908017]: S. 3A(8)(ga) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 2(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c908018]: 1985 c. 69.

[^c908019]: S. 3A(8)(h) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 7

[^c908020]: S. 3A(8)(i): s. 3A(8)(i) power exercised by S.I. 1991/1943

[^c908038]: 1976 c. 80.

[^c908039]: S. 4(2A) inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 30(3), 44(2)(b)

[^c908040]: Words inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 32(1), 44(2)(b)

[^c908041]: S. 5(1A)(1B) inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 32(2), 44(2)(b)

[^c908042]: S. 6(aa) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 4(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2); S.I. 1996/396, art. 3, Sch. 1

[^c908043]: Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39, 46, Sch. 3

[^c908044]: 1977 c. 42.

[^c908045]: Words repealed by Housing Act 1988 (c. 50, SIF 75:1), s. 140(1)(2), Sch. 17 para. 26, Sch. 18

[^c908057]: 1977 c. 42.

[^c908058]: 1954 c. 56.

[^c908059]: 1976 c. 80.

[^c908060]: 1954 c. 56.

[^c908061]: Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 61

[^c908062]: Words in s. 8(1)(d) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 29(a) (with s. 37)

[^c908063]: S. 8(1)(e) inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 33(2), 44(2)(b)

[^c908064]: S. 8(1)(f) inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194(1), Sch. 11 para. 54

[^c908065]: S. 8(1)(g) added (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 29(b) (with s. 37)

[^c908066]: S. 8(4)–(6) added by Housing Act 1988 (c. 50, SIF 75:1), ss. 33(3), 44(2)(b)

[^c908067]: 1977 c. 42(75:3).

[^c908068]: 1976 c. 80(75:3).

[^c908069]: 1977 c. 42(75:3).

[^c908070]: 1838 c. 106.

[^c908071]: 1842 c. 94.

[^c908072]: 1844 c. 59.

[^c908073]: 1956 c. 69.

[^c908074]: 1965 c. 56.

[^c908075]: The text of s. 12(1)(3) and Schs. 1 and 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c908077]: 1889 c. 63.

[^c908079]: Sch. 1 para. 2 repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

[^c908078]: The text of s. 12(1)(3) and Schs. 1 and 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c908080]: 1965 c. 75.

[^c908081]: The text of s. 12(1)(3) and Schs. 1 and 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^key-4832c19c280c98d9d94a4b05661f24f3]: S. 3A(7C) inserted (15.6.2005) after (7B) (which is prospectively inserted by Nationality, Immigration and Asylum Act 2002, s 32(5)) by The Displaced Persons (Temporary Protection) Regulations 2005 (S.I. 2005/1379), reg. 1, Sch. para. 1

[^key-88a9707e4ed4742b0074a10d637a96f4]: Words in s. 4(2)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 15; S.I. 2005/3175, art. 2(1), Sch. 1

[^key-f301174735d8810b10cf1a463acc20f7]: Words in s. 3A(7A) substituted (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 43(4)(a), 62(1), 62(2); S.I. 2006/1497, art. 3, Sch.

[^key-65d4ed201ce5a1e7c03689f616093b6d]: S. 3A(8)(g) modified (1.12.2008) by Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1 (with art. 6)

[^key-ab36731d4fd56664906f8e208e0a94fd]: S. 3A(8A) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 24(3); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13,Sch.)

[^key-3934ee7ae27d149616f9f1f1299c632a]: Words in s. 3A(8)(c) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 24(2); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13,Sch.)

[^key-2881749f198e49937c9c628a9ea62fa8]: S. 3A(8)(aa)(ab) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 47; S.I. 2009/3318, art. 2(c)

[^M_F_4ce49a7e-01e6-4955-e918-99de017860b5]: S. 1(4)(a): the maximum fine which may be imposed on summary conviction shall be the prescribed sum by virtue of Magistrates' Courts Act 1980 (c. 43), s. 32(2)

[^M_F_3cb9dbf8-9fd8-42e6-e342-41505b6d615c]: Word in s. 1(3) substituted (with transitional provision) by Housing Act 1988 (c. 50, SIF 75:1), s. 29(1) (with s. 44(2)(b))

Special provisions for agricultural employees.

Validity of notices to quit.

Special provisions for agricultural employees.

Validity of notices to quit.

Special provisions for agricultural employees.

Prosecution of offences.