Protection from Eviction Act 1977

3 Prohibition of eviction without due process of law. E+W

(1) Where any premises have been let as a dwelling under a tenancy which is [F1 neither a statutorily protected tenancy nor an excluded tenancy] and—

(a) the tenancy (in this section referred to as the former tenancy) has come to an end, but

(b) the occupier continues to reside in the premises or part of them,

it shall not be lawful for the owner to enforce against the occupier, otherwise than by proceedings in the court, his right to recover possession of the premises.

(2) In this section “the occupier”, in relation to any premises, means any person lawfully residing in the premises or part of them at the termination of the former tenancy.

[F2 (2A) Subsections (1) and (2) above apply in relation to any restricted contract (within the meaning of the Rent Act 1977) which—

(a) creates a licence; and

(b) is entered into after the commencement of section 69 of the Housing Act 1980;

as they apply in relation to a restricted contract which creates a tenancy.]

[F3 (2B) Subsections (1) and (2) above apply in relation to any premises occupied as a dwelling under a licence, other than an excluded licence, as they apply in relation to premises let as a dwelling under a tenancy, and in those subsections the expressions “let” and “tenancy” shall be construed accordingly.

(2C) References in the preceding provisions of this section and section 4(2A) below to an excluded tenancy do not apply to—

(a) a tenancy entered into before the date on which the Housing Act 1988 came into force, or

(b) a tenancy entered into on or after that date but pursuant to a contract made before that date,

but, subject to that, “excluded tenancy” and “excluded licence” shall be construed in accordance with section 3A below.]

(3) This section shall, with the necessary modifications, apply where the owner’s right to recover possession arises on the death of the tenant under a statutory tenancy within the meaning of the M1 Rent Act 1977 or the M2 Rent (Agriculture) Act 1976.

Textual Amendments

F1 Words substituted by Housing Act 1988 (c. 50, SIF 75:1), ss. 30(1), 44(2)(b)

F2 S. 3(2A) inserted by Housing Act 1980 (c. 51, SIF 61), s. 69(1)

F3 S. 3(2B)–(2C) inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 30(2), 44(2)(b)

Marginal Citations

M1 1977 c. 42.

M2 1976 c. 80.