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What can I do if the police keep telling my mom that her eviction is illegal?
Illegal evictions are a criminal offense under Section 1 of the Protection from Eviction Act 1977 in the UK, even if the landlord claims the property is their own.
Your mom has legal rights as a tenant.
Police are required to intervene and prevent unlawful self-help evictions by landlords.
The police telling your mom the eviction is illegal means they recognize the landlord is not following proper legal procedures.
Landlords cannot simply change the locks or forcibly remove a tenant without a court order, even if the property is legally theirs.
This is considered harassment and can result in heavy fines or jail time for the landlord.
Tenants facing illegal eviction have the right to take the landlord to court.
The tenant may be able to recover up to 3 months' rent or actual damages, plus legal fees, if the eviction is found to be unlawful.
Many cities and states have laws that prohibit landlords from retaliating against tenants who call the police for help, such as by initiating an eviction.
These "anti-retaliation" laws protect tenants' rights.
If the landlord shuts off utilities like electricity or water, this is also considered an illegal "constructive eviction" that the police should intervene to stop.
Tenants facing illegal eviction should document everything - keep copies of any notices, take photos/videos of the property, and record all interactions with the landlord and police.
Legal aid organizations, housing authorities, and tenant advocacy groups can provide free or low-cost assistance to help tenants understand their rights and fight unlawful eviction attempts.
In some cases, the police may be able to temporarily halt an illegal eviction and give the tenant time to seek a court order to prevent the landlord from removing them.
If the police refuse to intervene, the tenant may be able to file a complaint with the department or local government oversight agencies for failure to uphold tenant protection laws.
Subletting agreements between your mom and other tenants do not override the primary lease - the landlord must still follow proper eviction procedures, even if your mom is not the original leaseholder.
Mediation or negotiation between your mom and the landlord may be possible to resolve the dispute without going to court, but your mom should not agree to anything that violates her legal rights as a tenant.
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