Extends eviction protections to licensees – HA 1988 s. 30
HA 1988 s.30 extends eviction protections (1977 Act ss.3 & 4) to licensees, except excluded licences, and defines excluded tenancies/licences via s.3A.
In section 3 of the 1977 Act (prohibition of eviction without due process of law), in subsection (1) for the words “not a statutorily protected tenancy” there shall be substituted “neither a statutorily protected tenancy nor an excluded tenancy”. After subsection (2A) of that section there shall be inserted the following subsections— Subsections (1) and (2) above apply in relation to any premises occupied as a dwelling under a licence, other than an excluded licence, as they apply in relation to premises let as a dwelling under a tenancy, and in those subsections the expressions “ let ” and “ tenancy ” shall be construed accordingly. References in the preceding provisions of this section and section 4(2A) below to an excluded tenancy do not apply to— a tenancy entered into before the date on which the Housing Act 1988 came into force, or a tenancy entered into on or after that date but pursuant to a contract made before that date,but, subject to that, “ excluded tenancy ” and “ excluded licence ” shall be construed in accordance with section 3A below. In section 4 of the 1977 Act (special provisions for agricultural employees) after subsection (2) there shall be inserted the following subsection— In accordance with section 3(2B) above, any reference in subsections (1) and (2) above to the tenant under the former tenancy includes a reference to the licensee under a licence (other than an excluded licence) which has come to an end (being a licence to occupy premises as a dwelling); and in the following provisions of this section the expressions “tenancy” and “rent” and any other expressions referable to a tenancy shall be construed accordingly.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section amends the Protection from Eviction Act 1977 to extend the prohibition on eviction without due process (section 3) and the special provisions for agricultural employees (section 4) to people who occupy a dwelling under a licence, not just a tenancy. However, it does not apply to “excluded tenancies” or “excluded licences” as defined in section 3A of the 1977 Act (inserted by section 31 of the Housing Act 1988).
The exclusion for excluded tenancies does not apply to tenancies entered into before the Housing Act 1988 came into force, or to tenancies entered into after that date if they were pursuant to a contract made before that date. So those tenancies remain protected under the 1977 Act.
For agricultural employees, the references to “tenant” in section 4 are extended to include a licensee (other than an excluded licence) whose licence has ended.
When it applies
- A lodger who lives in a house with a resident landlord (an excluded licence) is not protected by this section and can be evicted without a court order.
- A person who rents a holiday cottage (excluded tenancy) after the Housing Act 1988 came into force is not protected by section 3 of the 1977 Act.
- An agricultural worker who occupies a cottage under a licence (not an excluded licence) is covered by the special provisions of section 4 of the 1977 Act.
- A tenant who entered into a tenancy before the Housing Act 1988 came into force is not affected by the exclusion for excluded tenancies, so section 3 still applies to them.
- A person who signed a contract for a tenancy before the Housing Act 1988 came into force but moved in after that date is still protected by section 3 of the 1977 Act.
What this section does not say
- This section does not define what counts as an “excluded tenancy” or “excluded licence” – that is in section 3A of the 1977 Act (inserted by HA 1988 s.31).
- It does not create new categories of protected tenancies; it only extends existing protections to licensees.
- It does not apply to licences that are excluded licences, such as those where the landlord lives in the same building.
- It does not change the law for tenancies that are already protected under the Rent Act 1977 or other regimes.
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This page reproduces the text of HA 1988 s. 30 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.