UNLAWFUL EVICTION/HARASSMENT

April 4th, 2023 by James Goudie KC

Part 1 ( Sections 1-4 inclusive ) of the Protection from Eviction Act 1977 ( the 1977 Act ) is concerned with Unlawful Eviction and Harassment. Section 1 (2) provides that if any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof or attempts to do so  he shall be guilty of an offence unless he proves that he believed and had reasonable cause to believe that the residential occupier had ceased to reside in the premises. In WU v CHELMSFORD CITY COUNCIL ( 2023 ) EWCA Crim 338 the Court of Appeal says that the subsection ( 2 ) offence is not equivalent in every respect to the concept of eviction under landlord and tenant law. It is concerned with deprivation of occupation rather than of possession. It is rights focussed. The actus reus of unlawful eviction under subsection (2) requires (i) that the resident occupier has been subject to actual physical deprivation of occupation and (ii) that the Defendant’s conduct had put, or kept, the occupier out of physical occupation.

Subsection (3 ) provides that if any person with intent to cause the residential occupier of any premises (a) to give up the occupation of the premises or any part thereof, or (b) to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence he shall be guilty of an offence. The Court of Appeal says that there is no requirement under subsection (3) of Section 1 of the 1967 Act for a course of conduct equivalent to the offence of harassment under the Protection from Harassment Act 1997 (the 1997 Act ). The 1997 Act does not create a comprehensive code for all harassment offences.

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