Part I Unlawful Eviction and Harassment
3 Prohibition of eviction without due process of law.
1
Where any premises have been let as a dwelling under a tenancy which is F1neither 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.
F22A
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.
F32B
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.