Things you need to know about the Protection from Eviction Act 1977

Protection from Eviction Act 1977: There are several key provisions that can help protect tenants from eviction.

This guide will discuss the most important provisions in detail, referencing the legislation itself.

1. Section 1: This section defines the scope of the Act. It provides that the Act applies to residential accommodation that is let by a landlord, and to tenancies created before or after the Act was passed.

2. Section 2: This section states that a landlord shall not be entitled to recover possession of premises let by them except on specified grounds. These grounds include the tenant’s breach of the tenancy agreement, or if the premises are required for the landlord’s own use.

3. Section 3: This section provides that a landlord shall not be entitled to recover possession of premises by unlawful means, including violence, threats of violence, or by using false or misleading information.

4. Section 5: This section states that, in certain circumstances, a landlord shall not be entitled to serve a notice seeking to terminate a tenancy until the tenant has been given reasonable notice of the intention to do so.

5. Section 8: This section states that a landlord shall not be entitled to evict a tenant in order to carry out or instigate any works of improvement on the premises, nor in order to take possession of the premises for the purpose of disposing of them or subletting them.

6. Section 10: This section requires a landlord to notify the tenant of any right to compensation that they may be entitled to under the Act.

7. Section 11: This section requires a landlord to provide the tenant with an acknowledgement of receipt of any notice that they serve, as well as provide them with a copy of any petition they bring to court seeking possession of the premises.

8. Section 14: This section provides that a landlord shall not be entitled to evict a tenant on the grounds that the tenant is using the premises for an illegal purpose, or for contravening the terms of the tenancy agreement unless the landlord has obtained an Order for Possession from the court and the Order has become final.

In addition to the above, Sections 15-22 of the Protection from Eviction Act 1977 contain further provisions concerning the use of force by a landlord and their liability for damages or compensation.

Overall, the Act provides an important layer of protection for tenants who are faced with the threat of eviction. It is important to familiarise yourself with the key provisions outlined in this guide, as well as the Act itself, in order to ensure that your rights as a tenant are fully protected.

What are main changes for landlords as a result of the Protection from Eviction Act 1977? 

As a result of the Protection from Eviction Act 1977, landlords must adhere to certain conditions when recovering possession of residential accommodation. These include:

• Notifying tenants of their right to compensation

• Providing tenants with an acknowledgement of receipt of any notice served

• Providing tenants with a copy of any petition they bring to court seeking possession of the premises

• Not recovering possession of premises unless on specified grounds

• Not recovering possession of premises by unlawful means, including violence, threats of violence, or by using false or misleading information

• Not evicting a tenant without providing reasonable notice of the intention to do so

• Not evicting a tenant in order to carry out or instigate works of improvement, nor in order to take possession of the premises for the purpose of disposing or subletting them

• Not evicting a tenant on the grounds of using the premises for an illegal purpose or contravening the terms of the tenancy agreement unless an Order of Possession from the court has become final. 

What are the main things a tenant needs to know about this Act?

The main things a tenant needs to know about the Protection from Eviction Act 1977 are as follows:

• The Act applies to residential accommodation that is let by a landlord, and to tenancies created before or after the Act was passed.

• A landlord shall not be entitled to recover possession of premises let by them except on specified grounds, and shall not be entitled to do so by unlawful means, including violence, threats of violence, or by using false or misleading information.

• In certain circumstances, a landlord shall not be entitled to serve a notice seeking to terminate a tenancy until the tenant has been given reasonable notice of the intention to do so.

• A landlord shall not be entitled to evict a tenant in order to carry out or instigate any works of improvement on the premises, nor in order to take possession of the premises for the purpose of disposing of them or subletting them.

• A landlord must notify the tenant of any right to compensation that they may be entitled to under the Act.

• A landlord must provide the tenant with an acknowledgement of receipt of any notice that they serve, as well as provide them with a copy of any petition they bring to court seeking possession of the premises.

• A landlord shall not be entitled to evict a tenant on the grounds that the tenant is using the premises for an illegal purpose, or for contravening the terms of the tenancy agreement unless they have obtained an Order for Possession from the court and the Order has become final.

• Further provisions concerning the use of force by a landlord and their liability for damages or compensation can be found in Sections 15-22 of the Protection from Eviction Act 1977.

It is important to familiarise yourself with the key provisions of the Act in order to ensure that your rights as a tenant are fully protected. When in doubt, always get legal advice.