If Brown Won't Go

Every police officer knows the scenario: after weeks of negotiation, the new tenants of an address are given the keys and come home to find the previous occupant still squatting there. The landlord immediately calls the police, expecting us to turn up and forcibly chuck the old tenants out.





"Hell no, we won't go."

When, in fact, we turn up and start talking about Notices to Quit and Displaced Residential Occupiers, most landlords become exasperated. The fact is, even if a tenant has failed to pay any rent whatsoever and has ignored all calls and letters, unless the correct Court Order has been applied for and granted, it is strictly illegal to forcibly remove them, cut off their water/electricity, or wait until they are out to change the locks. indeed, to do so would be an offence under the Protection from Eviction Act 1977 and the displaced tenant would have the right to reenter the property by force.

In the case of 10 Downing Street, there might be several options open to the new tenants should Mr Brown refuse to leave following a successful coalition agreement:

• They can serve a statutory notice, giving Mr Brown a set period to pack up his things and go.
• They can then apply to a court for an Order permitting them to remove him.
• If granted, the police can at this point assist in an enforced eviction.

Unfortunately, the eviction process may well fail at the court stage. It is not clear whether, as a grace-and-favour home, 10 Downing Street would qualify as an assured shorthold tenancy under the Housing Act 1988. That is, unless the landlord (the Queen??? - reader's views welcome!) has issued the correct notice of address and can show that Mr Brown has breached any of the terms of the agreement. (Perhaps by designating another address as his second home, or by causing harassment, alarm and distress to other occupants - allegedly.)

Indeed, as front-line officers in England and Wales will testify, the "moodiest" jobs we attend are landlord/tenant disputes, as we have virtually no powers to deal with them.

So should a coalition be formed this week and the new leaders of the nation find themselves standing at the door to No.10 with a key that doesn't fit, their best bet is to take the course of action favoured by most Blandmore residents, to bypass all Housing law altogether: phone the police and allege that there is a High Risk domestic situation and Gordon Brown has assaulted them. He'll quickly be arrested and given bail conditions not to go back there.

Job done.

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