Protection from Eviction Act 1977
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The Protection from Eviction Act 1977 (c. 43) is an act of the Parliament of the United Kingdom protecting people renting accommodation from losing their homes without the involvement of a court.
Provisions
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.
Repealed enactments
Section 12(3) of the act repealed 8 enactments, listed in schedule 3 to the act.[1]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 5 & 6 Eliz. 2. c. 25 | Rent Act 1957 | Section 16. |
| 1965 c. 75 | Rent Act 1965 | The whole act, so far as unrepealed. |
| 1968 c. 23 | Rent Act 1968 | In section 108(2), the words "or under Part III of the Rent Act 1965". |
| In section 109(3), the words "or Part III of the Rent Act 1965 (protection against harassment)". | ||
| In Schedule 15, the entries relating to sections 32 and 34 of the Rent Act 1965. | ||
| 1970 c. 40 | Agriculture Act 1970 | Section 99. |
| 1972 c. 47 | Housing Finance Act 1972 | In Schedule 9, paragraph 12(2) and in paragraph 12(3) the words "or to Part III of the Rent Act 1965". |
| 1972 c. 71 | Criminal Justice Act 1972 | Section 30. |
| 1974 c. 44 | Housing Act 1974 | Section 123. |
| 1976 c. 80 | Rent (Agriculture) Act 1976 | In Schedule 8, paragraphs 13, 14 and 15. |
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.[2]
See also
Notes
References
- ↑ "Protection from Eviction Act 1977", legislation.gov.uk, The National Archives, 1977 c. 43
- ↑ Wall, Tom (9 June 2018). "Police 'fail to act' as tenants are illegally thrown out". The Guardian.
External links
- Text of the Protection from Eviction Act 1977 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- Text of the Protection from Eviction Act 1977 as originally enacted or made within the United Kingdom, from legislation.gov.uk.