There has been a lot of focus on making sure landlords understand eviction law and tenants know their rights. However, a recent case in Hither Green shows that police officers can also misunderstand the law. When this happens, the consequences for tenants can be serious.
What landlords and police need to know about unlawful eviction
A landlord cannot legally remove a tenant or their belongings without following the correct legal process. This usually means they must:
- Give the correct legal notice.
- Get a possession order from the court.
- If needed, get a warrant so that a court-authorised bailiff can carry out the eviction.
An unlawful eviction is a criminal offence, not just a civil dispute. If anyone other than a court-authorised bailiff, acting under a valid warrant, forces a tenant out of their home or removes their belongings, they may be breaking the law under the Protection from Eviction Act 1977.
This is important because police are often called when landlords try to evict tenants themselves. If officers wrongly treat the situation as a “civil dispute”, they may fail to protect the tenant and could allow a criminal offence to continue.
Hither Green case: Tenant arrested while landlord took over the property
Our client was a lawful Assured Shorthold Tenant living in Hither Green. On 17 March 2023, he received text messages from his landlord telling him to leave the property immediately.
When he returned home from work, he found that his front door had been forced open. His landlord was inside loading his belongings into an Uber. He called the police.
Instead of recognising that this could be an unlawful eviction, two probationary police officers attended and arrested the tenant after an argument in which the landlord accused him of assault and damaging a mobile phone.
The tenant repeatedly told the officers that he was the lawful tenant, that he was being evicted from his home, and that the eviction was illegal. Despite this, no effective action was taken to protect the property or his belongings. The landlord was then able to take control of the property and dispose of many of the tenant’s possessions.
While the tenant was in custody, neither the custody officer nor the review under section 40 of the Police and Criminal Evidence Act (PACE) considered whether an unlawful eviction had taken place, even though the custody record identified the flat as the location of the incident.
The tenant was held in custody for around 18 hours before being released on bail. His bail conditions stopped him from returning home, making it impossible for him to take urgent legal action to recover the property. As a result, he was homeless for six months.
The criminal investigation against him was later dropped, with no further action taken. By then, he had lost his home and most of his possessions.
Compensation claim against the Metropolitan Police
We brought claims against the Metropolitan Police for false imprisonment, assault and breach of Article 8 of the European Convention on Human Rights.
The claim settled, with the Metropolitan Police agreeing to pay our client £17,000 in compensation, as well as his legal costs.
This was not the first time our Actions Against the Police team has secured compensation where police failed to recognise an unlawful eviction. We have also recovered compensation for a client in a similar case involving Kent Police. This shows that these failures are not limited to one police force.
Metropolitan Police improve training on illegal evictions
This case highlights wider concerns about how police deal with reports of unlawful eviction.
After criticism from housing organisations and reports that officers were wrongly treating unlawful evictions as civil disputes, the Metropolitan Police introduced new guidance and training for frontline officers dealing with landlord and tenant disputes.
The updated guidance starts from the position that an attempted eviction may be unlawful unless the landlord has followed the proper court process. Officers are told to check whether court-authorised bailiffs are present and whether the correct court documents are available.
This change reflects a growing understanding that unlawful eviction is a criminal offence and should be treated as such, rather than as a private disagreement between a landlord and tenant.
Key points
For tenants
Know your rights. If you are being evicted, make sure the landlord has followed the correct court process. If the police attend, explain calmly that you are the lawful tenant and that you believe the eviction is unlawful. Ask officers to secure the property, record evidence such as photographs, and take details of any witnesses. Get legal advice as soon as possible and keep records of everything.
For landlords
Do not try to evict a tenant yourself. Breaking into a property, changing the locks or removing a tenant’s belongings could leave you facing criminal charges and a claim for compensation. Always follow the legal court process.
For police and public authorities
This case shows why proper training on housing law is essential. Officers should recognise the signs of an unlawful eviction, protect the scene, and consider whether a criminal offence has been committed instead of assuming the matter is only a civil dispute.
For policymakers
More training and greater awareness are needed so that tenants do not lose their homes because housing law is overlooked when police make custody or bail decisions.
An unlawful eviction is not simply a paperwork mistake. It can leave someone without a home and result in the loss of their possessions.
This case is a reminder that landlords, tenants and the police all need to understand the law and follow the correct legal process. If you or someone you know is facing an eviction that does not appear to be lawful, get legal advice immediately and ask the police to consider whether a criminal offence has taken place.
