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Help to take landlord to court for illegal eviction

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  • Momanns
    Momanns Posts: 153 Forumite
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    "Some police officers actively help landlords illegally evict tenants".

    I know bashing the Police is a hobby these days but seriously? Which Police Officers?     Only court bailiffs can evict tenants and I can guarantee the Police have better things to be doing than evicting innocent tenants.
  • daeargwr
    daeargwr Posts: 34 Forumite
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    Momanns said:
    "Some police officers actively help landlords illegally evict tenants".

    I know bashing the Police is a hobby these days but seriously? Which Police Officers? Only court bailiffs can evict tenants and I can guarantee the Police have better things to be doing than evicting innocent tenants.
    It's not something which happens routinely but there is evidence it's happened in the past: The Police who collude with Landlords who illegally evict tenants (landlordlawblog.co.uk)

    But the guidance to police appears to have been improved last year: Met officers to be told to arrest landlords who try to illegally evict tenants | Metropolitan police | The Guardian
  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,467 Forumite
    1,000 Posts Second Anniversary Photogenic Name Dropper
    edited 15 May 2024 at 12:10AM
    Momanns said:
    "Some police officers actively help landlords illegally evict tenants".

    I know bashing the Police is a hobby these days but seriously? Which Police Officers? Only court bailiffs can evict tenants and I can guarantee the Police have better things to be doing than evicting innocent tenants.
    Guarantee it do you? 

  • RAS
    RAS Posts: 35,613 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ben Reeve-Lewis posted here to help a guy who'd changed the code on his door to prevent illegal eviction, and was then threatened with further action. And a decade ago, it was not uncommon for police to exacerbate situations with bailiffs by insisting that people with CT debts had to let them in. Think some watched too much reality TV.

    I think it's worth going into the Safer Renting web-site and downloading the advice letter issued to Met Police officers. Then if a police officer is called by the LL, giving them and the landlord a copy of the Met letter?
    If you've have not made a mistake, you've made nothing
  • BarelySentientAI
    BarelySentientAI Posts: 2,448 Forumite
    1,000 Posts Name Dropper
    _Penny_Dreadful said:
    Momanns said:
    "Some police officers actively help landlords illegally evict tenants".

    I know bashing the Police is a hobby these days but seriously? Which Police Officers? Only court bailiffs can evict tenants and I can guarantee the Police have better things to be doing than evicting innocent tenants.
    Guarantee it do you? 

    A court case about an eviction in Latvia in 2012, someone who's purpose is complaining about illegal evictions finding 8 cases where the police "endorsed or helped" (but still finding 16 where they didn't), and a 6-year-old blog from the same bloke where he manages to cite a whole 2 examples from his 20-something years of dealing with it.

    And even the cases of "actively helping" are described as saying things like "it would be simpler if you did move out" - crass but actually true anyway.

    A response from the police of "this is a civil matter" is incorrect, but there isn't squads of officers roaming the country smashing in doors and throwing people out on the street like people seem to make out is the issue.
  • RHemmings
    RHemmings Posts: 4,894 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    BarelySentientAI said:
    _Penny_Dreadful said:
    Momanns said:
    "Some police officers actively help landlords illegally evict tenants".

    I know bashing the Police is a hobby these days but seriously? Which Police Officers? Only court bailiffs can evict tenants and I can guarantee the Police have better things to be doing than evicting innocent tenants.
    Guarantee it do you? 

    A court case about an eviction in Latvia in 2012, someone who's purpose is complaining about illegal evictions finding 8 cases where the police "endorsed or helped" (but still finding 16 where they didn't), and a 6-year-old blog from the same bloke where he manages to cite a whole 2 examples from his 20-something years of dealing with it.

    And even the cases of "actively helping" are described as saying things like "it would be simpler if you did move out" - crass but actually true anyway.

    A response from the police of "this is a civil matter" is incorrect, but there isn't squads of officers roaming the country smashing in doors and throwing people out on the street like people seem to make out is the issue.
    The blog gives two illustrative examples, but says that the situation is extremely common. These aren't the only two examples that the legal expert knows of. 
  • BarelySentientAI
    BarelySentientAI Posts: 2,448 Forumite
    1,000 Posts Name Dropper
    RHemmings said:
    BarelySentientAI said:
    _Penny_Dreadful said:
    Momanns said:
    "Some police officers actively help landlords illegally evict tenants".

    I know bashing the Police is a hobby these days but seriously? Which Police Officers? Only court bailiffs can evict tenants and I can guarantee the Police have better things to be doing than evicting innocent tenants.
    Guarantee it do you? 

    A court case about an eviction in Latvia in 2012, someone who's purpose is complaining about illegal evictions finding 8 cases where the police "endorsed or helped" (but still finding 16 where they didn't), and a 6-year-old blog from the same bloke where he manages to cite a whole 2 examples from his 20-something years of dealing with it.

    And even the cases of "actively helping" are described as saying things like "it would be simpler if you did move out" - crass but actually true anyway.

    A response from the police of "this is a civil matter" is incorrect, but there isn't squads of officers roaming the country smashing in doors and throwing people out on the street like people seem to make out is the issue.
    The blog gives two illustrative examples, but says that the situation is extremely common. These aren't the only two examples that the legal expert knows of. 
    Without distinguishing between the "it's a civil matter"/"nobody available to attend" and the "actively helping".

    Standard tactics to make an issue look more severe than it really is.
  • RHemmings
    RHemmings Posts: 4,894 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    BarelySentientAI said:
    RHemmings said:
    BarelySentientAI said:
    _Penny_Dreadful said:
    Momanns said:
    "Some police officers actively help landlords illegally evict tenants".

    I know bashing the Police is a hobby these days but seriously? Which Police Officers? Only court bailiffs can evict tenants and I can guarantee the Police have better things to be doing than evicting innocent tenants.
    Guarantee it do you? 

    A court case about an eviction in Latvia in 2012, someone who's purpose is complaining about illegal evictions finding 8 cases where the police "endorsed or helped" (but still finding 16 where they didn't), and a 6-year-old blog from the same bloke where he manages to cite a whole 2 examples from his 20-something years of dealing with it.

    And even the cases of "actively helping" are described as saying things like "it would be simpler if you did move out" - crass but actually true anyway.

    A response from the police of "this is a civil matter" is incorrect, but there isn't squads of officers roaming the country smashing in doors and throwing people out on the street like people seem to make out is the issue.
    The blog gives two illustrative examples, but says that the situation is extremely common. These aren't the only two examples that the legal expert knows of. 
    Without distinguishing between the "it's a civil matter"/"nobody available to attend" and the "actively helping".

    Standard tactics to make an issue look more severe than it really is.
    Personally I believe them when they say that this is a massive issue and that there are many instances of this happening up and down the country. They are someone who works in the area. 
  • GDB2222
    GDB2222 Posts: 26,236 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Towards the end, the blogger says that he has solved the issue locally through helping to train the local police. I believe that. Without proper training in this area of the law, all the police officers can see is that a breach of the peace is in the offing, and it’s their job to stop that happening. 
    No reliance should be placed on the above! Absolutely none, do you hear?
  • ian1246
    ian1246 Posts: 391 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    I'd be tempted to force entry to regain possession - complete with a copy if the tenancy agreement and the law with regards to illegal evictions, as well as details of the Police's earlier call out to the address.

    It would likely result in a large Police attendance since it would be phoned in as a "burglary in progress". When they arrive, calmly explain the situation & provide paperwork.

    If your arrested on suspicion of Burglary Dwelling, insist the officers seize/bring the documents as evidence - it will be a completely unlawful arrest (you can't burgle your own dwelling & being a trespasser is a requirement) and when you get to the custody desk, explain the situation to the Custody Sgt & ask to show the appropriate paperwork, tell them you've been unlawfully arrested & demand to speak to an Inspector.

    That should prompt a few clenched butt-cheeks, since no Custody Sgt wants to be the one authorising an unlawful arrest. Because they are a Sgt, they will have a better knowledge (have to sit the national sgts exam) than your average response PC & should recognise the relevant law - fail in that, ask that they check the legislation on PNLD which will hopefully get their brain sparking. Likewise the same with the Inspector (if Custody Sgt hasn't worked it out) - except an Inspector has to have sat an Inspectors exam.

    Fail in that, you'll get a criminal solicitor & no doubt they ll fight your corner in the interview.

    Regardless, it'll be an express way of raising a fast track to a Police complaint - and if you are unlawfully arrested, you'll be in a position to claim £1000's in compensation.

    Just my own thoughts of course - the attending officers conduct is appalling & an embarrassment.
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