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AA v Southwark – a conspiracy to evict ‘whether lawfully or not’

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A British High Court judge has accused officers at Southwark Council, London, of conspiracy to cause harm to a council tenant by unlawfully destroying his possessions and an illegal eviction. The council has been forced to compensate the tenant, AA, left street-homeless without income or possessions by the eviction, for an unknown sum. AA’s original claim was for £2.4m.

The judge, Anthony Thornton QC, in AA v London Borough of Southwark, said council officers were determined to secure the eviction “whether it was lawful or not”. As a result officers and the council itself were liable for misfeasance in public office. “They had limited prospects of evicting him lawfully and they therefore appear to have embarked on an eviction with the intention of evicting AA even though this could not be done lawfully.”

The entire contents of AA’s flat in Peckham, including his passport, laptops, papers, personal belongings and furniture were removed and illegally destroyed in a refuse disposal facility. The court heard that AA had made repeated attempts in the High Court and County Court to regain possession of his flat and to regain his belongings and also tried to discuss his predicament with council officials. As a result of his eviction he was street homeless for more than a year except for the use of a sofa or floor space in  friends homes for part of the time. His only income was financial assistance from those friends.

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