The Protection from Eviction Act 1977 (the Act) is the source of current protections. Conditions in the private rented sector have changed dramatically since the Act was enacted 50 years ago. This briefing proposes amendments to the Act, as well as the Housing and Planning Act 2016, to modernise the law ensuring it is fit for purpose.

Reform is necessary because: 

• The law on illegal eviction provides a floor of rights for the most vulnerable renters, including those who struggle with literacy or for whom English is not a first language. The law must be effective and easy to enforce so they can claim their rights and can be properly protected.
• Illegal evictions break down trust in society and lead to extraordinary social costs, as education, employment and health care are disrupted, and local authorities are faced with escalating costs in providing accommodation for the homeless.
• Local authorities are responsible for enforcing the law and can struggle with its complexity, including challenging evidential requirements like gathering witness evidence from victims and ensuring they take part in the prosecution. The current law contains unnecessary requirements creating barriers to effective enforcement.
• Abolition of section 21 and depriving landlords of a ‘no-fault’ ground for eviction, increases the incentive for landlords to ‘take the law into their own hands’ and evict illegally or harass tenants with the intention of getting them to move out.
• The cost-of-living crisis and spiraling rents has increased arrears. The backlog in the courts means that landlords may have to wait for a court order, and rather than risk being unable to meet their own financial commitments, may be tempted to break the law.