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. Citations: [1991] 1 AC 135, Independent 24-May-1990 Statutes: Protection from Eviction Act 1977 1(3) Jurisdiction: England and Wales Citing: Upheld – … Continue reading Regina v Burke: HL 24 May 1990
The defendant was charged with doing acts calculated to interfere with the peace and comfort of residential occupiers so as to cause them to give up their occupation contrary to section 1(3)(a) of the 1977 Act. The defendant contended that he did not know that the person harassed was a residential occupier, and that accordingly … Continue reading Regina v Phekoo: CACD 1981
The council appealed against the acquittal of the defendants of offences under the 1977 Act. The occupiers were there under an informal temporary tenancy. The owners wished to move back in. The tenants had not left on the day appointed and on the day after the owners returned to find the house damaged and in … Continue reading West Wiltshire District Council v Snelgrove and Snelgrove: Admn 17 Mar 1997
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, … Continue reading Regina v Yuthiwattana: CACD 1984
