Protection from Eviction Act 1977

Protection from Eviction Act 1977 (c 43) is an Act of Parliament of the United Kingdom protecting people renting accommodation from losing their homes without the involvement of a court.

The Act's aim is to protect tenants from being ejected from their homes by landlords, unless there has been a court order.

Section 5 states that everyone (whether they are 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.

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 3 states that nobody can be forcibly evicted without a court order. The purpose of this section was to prevent aggressive landlords becoming violent.

Sources on leases

LRA 2002 s 116 and Sch 3, para 1

Protection from Eviction Act 1977 s 5

Family Law Act 1996 ss 30-33

LPA 1925 ss 1 and 205(1)(xvii)

Errington v Errington [1951] EWCA Civ 2

Ashburn Anstalt v Arnold [1988] EWCA Civ 14

Street v Mountford [1985] UKHL 4

Mikeover v Brady [1989] EWCA Civ 1

Aslan v Murphy and Duke v Wynne [1989] EWCA Civ 2

AG Securities v Vaughan [1988] UKHL 8

Prudential Ltd v London Residuary Body [1991] UKHL 10

Bruton v London & Quadrant Housing Trust [1999] UKHL 26

ECHR art 8 and Prot 1, art 1

Kay v Lambeth LBC [2006] UKHL 10

see English land law, licenses and leases

Notes

External links

Protection from Eviction Act 1977 Full legislation on legislation.gov.uk

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Protection from Eviction Act 1977

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