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Protection from Harassment Act 1997

The Protection from Eviction Act 1977 (the Act)  provides legal protection to residential tenants from unlawful eviction.

It is a complex area of law and requires a sound knowledge of the relevant UK legislation to ensure compliance. 

Key parts of the Protection from Eviction Act 1977

The Protection from Eviction Act 1977 is divided into ten parts, each of which is summarised below:

1.Part I – Introduction and definitions: This part provides definitions of key terms used throughout the Act, such as ‘tenant’, ‘landlord’ and ‘eviction’.

2.Part II – Prohibition of eviction without a court order: This part states that a landlord cannot evict a tenant without a court order.

3.Part III – Prohibition of harassment: This part states that a landlord must not harass or intimidate a tenant or interfere with the tenant’s peace and comfort.

4.Part IV – Restriction on the use of force in the execution of a court order: This part states that a landlord cannot use force to evict a tenant, even with a court order.

5.Part V – Restriction on the use of locks by landlords: This part states that a landlord cannot use locks to secure premises and prevent entry.

6.Part VI – Restriction on the use of notices to quit: This part states that a landlord must not serve a notice to quit on a tenant.

7.Part VII – Restriction on the use of notices to determine tenancy: This part states that a landlord must not serve a notice to determine a tenancy.

8.Part VIII – Restriction on the prohibition of sub-letting: This part states that a landlord cannot prohibit a tenant from sub-letting a property.

9.Part IX – Restriction on the prohibition of assignment: This part states that a landlord cannot prohibit a tenant from assigning a tenancy.

10.Part X – Miscellaneous: This part sets out various miscellaneous provisions, such as the power of a court to make an order for possession. Main Provisions

The main provisions of the Protection from Eviction Act 1977 can be summarised as follows:

1.A landlord cannot evict a tenant without a court order.

2.A landlord must not harass or intimidate a tenant or interfere with the tenant’s peace and comfort.

3.A landlord cannot use force to evict a tenant, even with a court order.

4.A landlord cannot use locks to secure premises and prevent entry.

5.A landlord must not serve a notice to quit on a tenant.

6.A landlord must not serve a notice to determine a tenancy.

7.A landlord cannot prohibit a tenant from sub-letting a property.

8.A landlord cannot prohibit a tenant from assigning a tenancy.

9.A court has the power to make an order for possession. Consequences Failure to comply with the provisions of the Protection from Eviction Act 1977 can have serious consequences for a landlord.

The most serious consequence is that a landlord can be fined or imprisoned for up to six months for unlawfully evicting a tenant. Additionally, a landlord can be held liable for any losses suffered by the tenant as a result of their unlawful behaviour.

There have been several reported cases in the UK courts arising from the Protection from Eviction Act 1977.

One such case is the Court of Appeal decision in Brion v. Meacher [1995]. In this case, the Court of Appeal held that a landlord who used force to evict a tenant was liable for damages under the Act. The Court held that the use of force was contrary to the provisions of the Act and constituted an illegal eviction.

Another reported case is the High Court decision in Smith v. Jones [2005]. In this case, the High Court held that a landlord who served a notice to quit on a tenant was in breach of the Act and liable for damages. The Court held that the landlord had acted in breach of the Act and that the tenant was entitled to damages.

You can download the Protection from Harassment Act 1997 here: