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Identifying status: Occupiers with basic protection and excluded occupiers

This content applies to England

Identifying occupiers with basic protection and excluded occupiers.

Most tenants have occupation rights that are governed by one of the main Acts relating to residential occupation, such as the:

  • Rent Act 1977 (regulated tenants)
  • Housing Act 1985 (secure tenants)
  • Housing Act 1988 (assured and assured shorthold tenants).

If an occupier does not come within the protection of the above legislation or one of the other statutes giving security of tenure, then s/he is either an occupier with basic protection or an excluded occupier.

An occupier with basic protection has the minimum amount of security of tenure under the Protection from Eviction Act 1977, and the landlord can only evict by obtaining a court order. An excluded occupier can be evicted without needing to get a court order.

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