West Wilts v Snelgrove [1997]

A landlord was not convicted of unlawful eviction because the tenant was not a residential occupier under the PEA 1977.

The landlord and tenant entered into an informal arrangement, allowing the tenant to use their house for two weeks. The tenant was not required to pay for use of water, electricity, gas and some food left in the fridge, but he did agree to.
At the end of the two weeks, the tenant would not leave the property. He was  later arrested for damage to property. 
The landlords were also prosecuted under s.1(3) of the Protection from Eviction Act 1977, but the charge was dismissed because the tenant was not a residential occupier within the meaning of the PEA 1977 s1 (1).  The tenant appealed.

HELD:
The High Court dismissed the appeal as the tenancy was excluded from the protection of the PEA 1977 due to s. 3A(7). The tenancy was not granted in return for money or money’s worth as is required.

Citation: West Wilts v Snelgrove [1997] EWHC Admin 285