[12A Protected intending occupiers: supplementary provisions]
Criminal Law Act 1977 (1977 c 45) | Legislation

[12A  Protected intending occupiers: supplementary provisions]

[(1)     For the purposes of this Part of this Act an individual is a protected intending occupier of any premises at any time if at that time he falls within subsection (2), (4) or (6) below.

(2)     An individual is a protected intending occupier of any premises if—

(a)     he has in those premises a freehold interest or a leasehold interest with not less than two years still to run;

(b)     he requires the premises for his own occupation as a residence;

(c)     he is excluded from occupation of the premises by a person who entered them, or any access to them, as a trespasser; and

(d)     he or a person acting on his behalf holds a written statement—

(i)     which specifies his interest in the premises;

(ii)     which states that he requires the premises for occupation as a residence for himself; and

(iii)     with respect to which the requirements in subsection (3) below are fulfilled.

(3)     The requirements referred to in subsection (2)(d)(iii) above are—

(a)     that the statement is signed by the person whose interest is specified in it in the presence of a justice of the peace or commissioner for

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Transferred malice

Transferred maliceThe principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is

LEXISNEXIS

Traditional procurement of construction contracts

Traditional procurement of construction contractsThis Practice Note provides a basic explanation of traditional procurement in construction. It looks at why this type of procurement is used and also considers particular issues to take into account when choosing to follow this procurement route.When

LEXISNEXIS

Affray

AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The magistrates’ court may decline jurisdiction where for example in cases involving a weapon/throwing objects, or conduct that causes serious

LEXISNEXIS

Tort—the different types of tort

Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers'