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What is an unprotected tenant?

Unprotected Tenants

These tenants can be evicted without a Court Order because the S31 Housing Act 1988 says so.

They are called "Unprotected" because they do not have the protection of the Protection from Eviction Act 1977 which states that there is not eviction without a Court Order.

The following come into that category:-

  1. People who contractually do not have to pay rent or monies worth

  2. Holiday lets

  3. Crown Tenants

  4. Tenants of a Residential Landlord, i.e., they all share the same kitchen, bathroom and toilet

In these cases once the tenancy has ended you can, in the case of (1) and (3) serve a notice to quit (which does not have to be in writing). After that time, you wait until the tenant goes out, change the locks, and they are evicted.

For (2) and (4) no notice need be given. At the end of the tenancy, wait until the place is empty and break in and change the locks and board the place up if you wish.

You cannot, even with a Trespasser, go in using force and throw them out.

Click here to read the RLA Guide to Possession

London Landlords Day

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