The Protection from Eviction Act 1977
c 43 is an
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
of the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
protecting people renting accommodation from losing their homes without the involvement of a court.
Contents
The Act's aim is to protect tenants from being ejected from their homes by landlords, unless there has been a court order.
Section 3 states that nobody can be forcibly evicted without a court order. The purpose of this section was to prevent aggressive landlords becoming violent.
Section 3A states that there are a number of exclusions. These are primarily when a landlord actually 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, whether classified as having a lease or a licence, is required to be given four weeks notice before they are evicted. Any "notice to quit" has no effect before this time.
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
Shelter is a small building giving temporary protection from bad weather or danger.
Shelter may also refer to:
Places
* Port Shelter, Hong Kong
* Shelter Bay (disambiguation), various locations
* Shelter Cove (disambiguation), various locatio ...
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 without a court order is a criminal offence under the Protection from Eviction Act 1977.
Police ‘fail to act’ as tenants are illegally thrown out
''The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
''
See also
*English land law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
*English property law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four ...
*Landlord and Tenant Act 1985
The Landlord and Tenant Act 1985c 70 is a UK Act of Parliament on English land law. It sets bare minimum standards in tenants' rights against their landlords.
Background
The Landlord and Tenant Act 1985 sets out the rights and responsibilities ...
References
{{Reflist
External links
Protection from Eviction Act 1977
Full legislation on legislation.gov.uk
United Kingdom Acts of Parliament 1977
English property law