Unlawful Eviction General & Civil proceedings

Task force to catch out landlords Unlawful Eviction General & Civil proceedings

Cowan v Chief Constable for Avon and Somerset Constabulary [200 ] EWCA Ci 99; [2002] HLR 4 ; (200 ) Times December

The Police did not owe duty of care to tenant to prevent unlawful eviction Mr Cowan was an assured tenant.

He received a letter from his landlord stating that he wanted him to leave. Several weeks later two men called at the property and told him that they would break his legs if he was not out of the property by 6 pm. Mr Cowan telephoned the police.

Two officers called and told him to telephone again if the men returned. At about 6 pm Mr Cowan saw four men removing his belongings into the street.

He called the police and the same two officers returned. The men told the police that they had bought the property and that Mr Cowan had been given notice to leave.

The police advised both sides to seek legal advice and then left. Neither of the officers knew about the Protection from Eviction Act 1977. Mr Cowan brought proceedings against the chief constable General

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