The Actions Against the Police team are pleased to confirm we have just settled Client ‘CA”s claim v Sussex Police, following his brief arrest and detention when he was the victim of an unlawful eviction.

Our client was the lawful tenant of a bedsit at a property in Sussex. Our client – a self-employed taxi driver – was behind with his rent during the Pandemic and his landlord decided he wanted him out. The landlord rang Sussex police days in advance of his intended eviction putting the police on notice that he anticipated trouble (aka lawful resistance to an unlawful eviction).  During the pandemic there was an embargo on any kind of eviction. However, the eviction would have been unlawful in any event – the landlord had not served any notice, had not obtained any order for possession, much less any warrant for eviction and the eviction was not being carried out by court authorised bailiffs.

During our client’s resistance to the attempted unlawful eviction, police were called, attended, listened to the landlord, shouted at the tenant and then arrested the tenant. A few minutes later the arresting officer was duly advised over the radio that the eviction was not lawful and de-arrested our client, nevertheless insisting without any lawful basis whatsoever that our client vacate the premises within the next few days.

We sued for false imprisonment, assault, misfeasance in public office and negligence and the Client will receive compensation of £2500 plus his legal costs.

Caseworker Duncan Burtwell’s thoughts

This is another claim arising from police failure to understand the legal requirements for a lawful eviction and / or that unlawful eviction is a criminal offence. For more info please visit our Actions Against the Police pages or complete the form below.