Possession

Possession

General rights of all occupiers

A residential occupier is defined in section 1(1) of the Protection from Eviction Act 1977 as:

‘a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.’

The basic right of a residential occupier of rented premises is to be safe from unlawful eviction. An action for unlawful eviction arises when an occupier is removed from, or prevented from accessing premises which they are entitled to occupy, without the legally prescribed means being used to evict them. See Practice Note: Unlawful eviction and quiet enjoyment. See also: Unlawful eviction—overview.

However, the procedure to follow in respect of obtaining an order, and the defences available to the tenant in court, will depend on what statutory regime (if any) the tenancy or licence falls under.

Social housing landlords

Since 13 January 2020, social landlords in England and Wales, including a local authority or housing association, can only commence

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