HC Deb 05 July 1973 vol 859 cc200-1W
Mr. Douglas-Mann

asked the Secretary of State for the Environment if he will list the circumstances in which a local authority is statutorily entitled to evict a residential occupier without application to the courts.

Mr. Eyre

It is not known with certainty what kind of circumstances the hon. Member has in mind, in particular whether he is envisaging a local authority acting as acquiring authority under compulsory powers, as landlord or as owner of property seeking to evict trespassers. In the case of an authority acting as acquiring authority, Section 13 of the Compulsory Purchase Act 1965 provides an instance of a statutory entitlement to obtain possession of land without application to the courts. Where an authority is acting as landlord, it would be bound by the law applicable to the circumstances of the case, including, for instance, Section 32 of the Rent Act 1965 if that provision were applicable. If an authority were acting in its capacity as an owner seeking to evict unlawful residents, it would be governed by the common law relating to trespass to land, subject to all relevant statutory provisions relating to forcible entry.

If the hon. Member has any other circumstances in mind perhaps he will write to me.