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.
Subscription Required
In order to view our entire Case Law Library and Letting Factsheets, a membership is required. We offer a range of plans to suit all business, starting with our Silver plan all the way up to Pro-Gold.
Plans start from just £50 (£60 inc VAT) p/a