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eviction


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N.

The removal of a tenant or any other occupier from occupation. Under the Protection from Eviction Act 1977 the eviction of a residential occupier, other than by proceedings in the court, is a criminal offence. It is also an offence to harass a residential occupier to try to persuade him to leave (see harassment of occupier). If a mortgagee can take possession peaceably, no court order is required (Ropaigealach v Barclay's Bank plc [2000] QB 263). Many tenants have statutory protection and the landlord must prove to a court that he has appropriate grounds for possession. Under the Housing Act 1988 a tenant may claim damages for unlawful eviction. See also agricultural holding; assured shorthold tenancy; assured tenancy; business tenancy; long tenancy; protected tenancy; secure tenancy; restricted contract; trespass.

The Protection from Harassment Act 1997 allows the court to impose a restraining order against a tenant who is harassing a neighbour, which might require the harasser to be evicted (see nuisance neighbours).

Subjects: Law — History.


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