There has been significant public attention on landlords understanding eviction law and tenants knowing their rights. However, a recent case out of Hither Green demonstrates that the problem can extend beyond landlords: police officers themselves may fail to recognise an unlawful eviction, with devastating consequences for tenants.
Unlawful eviction law: What Landlords and Police need to know
A landlord cannot lawfully remove a tenant or their belongings without following the correct legal process. This generally requires:
- Serving the appropriate notice;
- Obtaining a possession order from the court; and
- If necessary, obtaining a warrant so that a court-authorised bailiff can carry out the eviction.
Unlawful eviction is a criminal offence, not merely a civil dispute. Anyone other than a court-authorised bailiff acting under a valid warrant who removes a tenant from their home or deprives them of their possessions may be committing an offence under the Protection from Eviction Act 1977.
This is an important distinction because police officers are often called to incidents where landlords attempt to take matters into their own hands. Treating such situations as “civil disputes” can leave tenants unprotected and effectively assist the commission of a criminal offence.
Hither Green Unlawful Eviction case: Tenant arrested while Landlord took possession
Our client was a lawful Assured Shorthold Tenant living in Hither Green. On 17 March 2023, he received text messages from his landlord demanding that he vacate the property immediately.
When he returned home from work, he discovered that his front door had been broken open and that his landlord was inside loading his possessions into an Uber. He called the police.
Instead of securing the scene and recognising the hallmarks of a potential unlawful eviction, two probationary officers attended and arrested the tenant following a public altercation involving allegations of assault and damage to the landlord’s phone.
Despite the tenant repeatedly explaining that he was the lawful tenant, that he was being evicted from his home and that the eviction was unlawful, no meaningful action was taken to protect the property or his belongings. The landlord was subsequently able to take possession of the property and dispose of many of the tenant’s remaining possessions.
While detained, neither the custody officer nor the section 40 PACE review addressed whether an unlawful eviction had occurred, despite the custody record identifying the flat as the incident location.
Our client was detained for approximately 18 hours before being released on bail with conditions preventing him from returning to his home. In practical terms, this prevented him from taking urgent legal action to regain possession of the property. He remained homeless for six months.
The criminal investigation against him was eventually discontinued with no further action. By that point, however, he had lost both his home and most of his belongings.
Compensation claim against the Metropolitan Police
We pursued 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 £17,000 in damages together with our client’s legal costs.
Importantly, this was not the first case in which Actions Against the Police team has secured compensation following police failures connected to an unlawful eviction. We have previously obtained compensation for a client in a similar matter involving Kent Police, demonstrating that failures to recognise unlawful evictions are not isolated incidents confined to a single force.
Metropolitan Police update training on illegal evictions
This case also sits against the backdrop of wider concerns about how police respond to unlawful eviction reports.
Following criticism from housing organisations and reports of officers incorrectly treating unlawful evictions as civil disputes, the Metropolitan Police introduced updated operational guidance and training for frontline officers dealing with landlord and tenant incidents. The revised guidance, as highlighted in a BBC article starts from the position that an attempted eviction may be unlawful unless the proper court process has been followed and directs officers to verify the presence of authorised bailiffs and the relevant court documentation.
The updated approach reflects growing recognition that unlawful eviction is a criminal matter requiring active police intervention, rather than a private dispute between landlord and tenant.
Key lessons
- Tenants: Know your rights. If you’re being evicted, insist that any eviction follows court process. If police attend, clearly and calmly explain you are the lawful tenant and that any eviction appears unlawful. Ask that they secure the property and record evidence (photos, inventory, witness details). Get legal advice quickly and document everything.
- Landlords: Never try to self-help an eviction. Breaking in, changing locks, or removing possessions exposes you to criminal liability and civil claims. Always use the court process.
- Police and authorities: This case underscores the need for better training on housing law. Officers should recognise the signs of unlawful eviction, secure scenes, and consider the criminal aspects rather than treating such disputes as mere civil matters.
- Policy makers: Greater awareness campaigns and frontline training are needed so that tenants aren’t left homeless because custody decisions or bail conditions ignore housing law realities.
Unlawful eviction is more than a paperwork error — it can destroy a person’s home and belongings. This case is a stark reminder that every actor in the system — landlords, tenants, and police — must understand the law and act accordingly. If you or someone you know faces an eviction that looks irregular, seek legal advice immediately and press officers to treat it as the criminal matter it may be.
