The defendant appealed against his convictions under the 1977 Act.
Held: Under section 1(2) the deprivation of occupation for one day was insufficient. To constitute an offence, the deprivation had to take the character of an eviction. However, the appeal against the offence under section 1(3) failed. It was sufficient to establish that the acts, including in this casse an omission to act, complained of were calculated to interfere with the peace and comfort of the occupier and done with the intention of causing him to leave. In this case, the landlord’s failure to replace a lost key was found to be an ‘act’ of harassment against a tenant.
[1984] 128 SJ 661, [1984] Crim LR 562
Protection from Eviction Act 1977 1(2) 1(3)
England and Wales
Citing:
Cited – Whitley v Stumbles HL 1930
The case concerned whether, under the Act, an incorporeal right of fishing, demised as part of a lease of an hotel, was part of the ‘premises’ for the purpose of the Act.
Held: The standard conveyancing meaning of the word ‘premises’ has long . .
Cited – Bracey v Read 1963
A tenancy of land used for training horses was a business tenancy within the 1954 Act. The word ‘premises’ is not defined in the Act. Its legal meaning is the subject matter of the habendum in a lease, and it would cover any sort of property of . .
Cited by:
Cited – National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe CA 15-May-1997
The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the . .
Upheld – Regina v Burke HL 24-May-1990
The defendants appealed against their conviction under the 1977 Act.
Held: To amount to harrassment, the actions complained of need not be such as would give rise of themselves to civil or criminal action. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Crime
Updated: 22 January 2022; Ref: scu.245852
