1

Suppose one Is illegally Evicted from their home by an ignorant and zealous landlord. The tenant has some right to use reasonable force to reenter the property, criminal law act 1977 notwithstanding.

The extent, full nature and applicability of this right may be arguable but it does exist.

But what is its duration?

If the landlord has never taken any legal steps to terminate the tenancy then the tenant can use force to reenter an empty property the next day.

What about 48 months following the eviction though?

I’m guessing that some period within that time would be taken to imply that the tenancy is in fact, legally, over.

When does that transformation take place where the tenant no longer has any claim to enter or occupy the property?

Improve this question
18
  • 2
    Do you meann Criminal Law Act 1977?
    – David Siegel
    Commented Apr 16, 2022 at 17:14
  • Under the Criminal Law Act 1977 (secs 6 & 7) forcible entry is prohibited unless the entrant has " lawful authority," or is "a displaced residential occupier or a protected intending occupier of the premises". Various provisions specify who is a "displaced residential occupier" (DRO). All of them seem to involve the DRO having been "excluded from occupation by one who entered those premises, ... as a trespasser" and meets other requirements. The status of DRO lasts as long as the person continues to be excluded by the same or another trespasser. [...]
    – David Siegel
    Commented Apr 16, 2022 at 17:56
  • 1
    [...] It is not clear to me that a landlord, even one doing an unlawful self-help eviction, would be "acting as a tresspasser", the act does not seem to define this phrase. See legislation.gov.uk/ukpga/1977/45. The act does say that "he fact that a person has any interest in or right to possession or occupation of any premises shall not for the purposes of subsection (1) above constitute lawful authority for the use or threat of violence"
    – David Siegel
    Commented Apr 16, 2022 at 18:00
  • 1
    "Chapter" is the consecutive number for an Act in that year. SI is "Statutory Instrument" which is secondary legislation used to bring amendments made by Acts in to force when they are delayed or staggered over time. Therefore, as per the links at footnote 1: Section 6(1A) was inserted by Section 73(2) of Criminal Justice and Public Order Act 1994, and came in to force on 03/02/1995 by virtue of the Criminal Justice and Public Order Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1995.
    – user35069
    Commented Apr 18, 2022 at 23:30
  • 1
    @JosephP. I've no idea when Chapter was first used, but see here for info on Secondary Legislation
    – user35069
    Commented Apr 19, 2022 at 5:54

0

Reset to default

You must log in to answer this question.

Browse other questions tagged .