Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Licensee definition

What does Licensee mean? In legal practice, a licensee is the person or, for many regulated activities, the corporate body that holds a licence and is bound by its conditions and the regulator’s enforcement powers. In the nuclear sector in Great Britain, a licensee means the corporate body to which a nuclear site licence has been granted by the Office for Nuclear Regulation under the Nuclear Installations Act 1965. The licensee is the dutyholder for the licensed site, must comply with the standard licence conditions, obtain required consents and approvals, and is accountable for nuclear safety, security and related compliance. The Act...

Unlawful Eviction and Quiet Enjoyment in England and Wales: Civil Liability, Defences, Remedies and Damages under HA 1988 s 27-28 and PEA 1977, with Overlapping Torts

Published by a LexisNexis Local Government expert

Practice notes

This Practice Note sets out clearly and clarifies precisely what amounts to unlawful eviction, when and how it can arise in a civil context, the civil remedies on hand and available, and any knock-on causes of action.

Unlawful eviction

Unlawful (or illegal) eviction is defined by the Protection from Eviction Act 1977 (PEA 1977) and constitutes a criminal offence in law. A claim for unlawful eviction occurs where a landlord, or any other individual, removes or seeks to remove a residential occupier from their home and occupation without using the lawfully prescribed process.

A ‘residential occupier’ means a person living in the premises as a residence, whether under a contract or by virtue of any enactment or rule of law that gives them a right to remain in occupation or limits another’s right to recover possession of the premises. This definition extends to tenants and licensees alike. It does not, however, include a contractual licensee whose licence has expired—R v Blankley [1979] Crim LR 166 (not reported by LexisNexis®) (decided under section 30 of the Rent Act 1965 (repealed)).

Has the occupier’s right to occupy the land been terminated?

For most people occupying land (including tenants and licensees), particular legal procedures are...

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Laura Tweedy

Gatehouse Chambers

Laura specialises in all aspects of social housing including homelessness and anti-social behaviour; as well as property law including (residential and commercial), landlord and tenant (residential and business) and public law.Prior to coming to the bar Laura tutored at Durham University in European Law and she continues to regularly lecture and advise.She works with Arrival Education to support achievement and development for underprivileged children....

Jill Morgan

Jill Morgan is a Chartered Legal Executive and the founder of Clear and Credible Ltd, a content writing and copywriting business, specialising in law, local government and social welfare. Jill has specialised in housing law for a number of years, particularly homelessness and possession proceedings. She has a keen interest in social welfare law and associated issues and has contributed to a number of published texts. Jill’s practice extends across all aspects of local government law, including governance, planning, licensing, environmental health, property, housing and commercial contract. In her role as Deputy Monitoring Officer, she was heavily involved in governance arrangements and standards matters. Jill managed the local authority’s licensing team for a number of years and has a wealth of experience in advising at committees, sub-committees and contested hearings. In addition to contributing to the legal practice notes below, Jill has prepared numerous court digests and...

Web page updated on 22/05/2026

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