Martin Callan, Bowling & Co Solicitors
There are a number of various statutory codes which govern the rights of tenants and licensees (occupiers) of property. Not all occupiers are protected, however, as there a number of exceptions. To provide generic protection to everyone the Protection from Eviction Act 1977 was passed. It ensures that a minimum level of protection is provided and also carries criminal liability for its breach. There are four key aspects to this Act. First it provides for a criminal liability for harassment and unlawful eviction, which needs to be considered alongside the Protection from Harassment Act 1997. Second, a Landlord cannot forfeit a tenancy by peaceable re-entry. Third, possession cannot be recovered by a landlord or licensor without court proceedings. Finally it provides a prescribed form of Notice to Quit and a minimum notice period of at least 4 weeks.
In relation to the criminal liability for deprivation of occupation, this arises where an occupier is unlawfully deprived of occupation, for example where the property is entered, possessions removed and locks changed. In relation to harassment, this can be committed either by the Landlord, his agents, or any other person and is committed where the occupier is forced to give up occupation or prevented from exercising a right. An example of this would be where gas, water or electricity was turned off. However, liability can also arise where a lawful action is taken, so applying to a rent officer or rent assessment committee can count as an offence.
Where a lease gives the landlord the right of forfeiture, that is a right to re-enter the property where the tenant has breached the terms of the lease, the Act requires the landlord to exercise this right by means of court proceedings only. Possession proceedings brought by a landlord are also covered by the Act. At common law, when a tenancy or license comes to an end the landlord is entitled to re-enter the premises, but this right has been regulated by the statutory codes. Where none of the statutory codes apply, the Act steps in to ensure no proceedings are possible except through the courts- ensuring that even a licensee is afforded some protection. There are some certain exceptions, but these relate to circumstances which are governed by other legislation.
The Act also provides that no notice to quit given by either the landlord or the tenant will be valid unless it is in writing and contains certain prescribed information and it is given not less than four weeks before the date on which it is to take effect. This ensures that for both parties the minimum notice period is 28 days. This applies to a licensee as well as a tenant under a lease, other than the exceptions contained in the Act. If you have any questions relating to this article or the issues raised in it please email martin.callan@bowlinglaw.co.uk.
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