ABSTRACT

This chapter considers the main civil and criminal protections against eviction and harassment available to residential occupiers. Residential occupiers may have a contractual claim against their landlord for breach of the covenant of quiet enjoyment or derogation from grant. The main provisions can be found in the Protection from Eviction Act 1977 (PEA) which makes it unlawful to try to obtain possession of premises let as a dwelling without a court order. The potential contractual claims, the torts of trespass and nuisance may provide a useful cause of action for a tenant, or indeed any occupier. The torts of trespass to land, trespass to goods and trespass to the person may all be relevant to an occupier who is being treated unfairly by his or her landlord. The tort of nuisance relates to the unreasonable interference with the use or enjoyment of land.