Traveller Eviction
Finding travellers on their property is a situation more and more private landowners in London are facing. Discovering travellers have camped on their land, potentially with caravans, children, and animals, can evoke concerns about potential loss, damage, fly-tipping and the urgent need of eviction. This post outlines how options to deal with such a situation.
Considerations Before Eviction
Approach the situation with caution, considering reported instances of violence between landowners and travellers. While some travellers may be peaceful and contribute positively to local communities, it’s essential to assess the situation and the occupants before taking action.
Understanding the Legality
Trespassing on private land isn’t a criminal offence, placing the responsibility of removal on the landowner rather than the police. Although the police do possess specific powers, they often refrain from involvement in the eviction of travellers.
Options for Eviction
Common Law Power: Landowners can utilize common law rights to evict travellers swiftly. Halsburys Laws of England (Paragraph 1400, Volume 45, 4th Edition) states that:
“If a trespasser peaceably enters or is on land, the person who is in or entitled to possession may request him to leave, and if he refuses to leave, remove him from the land using no more force than is reasonably necessary. ‘
If you decide this option is best to engage the services of London Bailiff Services. We have a complete understanding of the relevant laws and procedures and will always act within those protocols. We also have considerable experience in dealing with traveller eviction in London. Notice will be served, providing 24 hours for vacating the premises. If ignored, our team will return to execute eviction, securing the site and documenting any damage and dumping of rubbish.
Court Proceedings: Alternatively, landowners may pursue eviction through civil proceedings in the County Court. This involves obtaining a Possession Order (PO) and then a High Court writ.
The choice of method depends on many factors such as the number of trespassers, their likelihood to vacate voluntarily, and any public relations or human rights considerations.
Common Law: Enforcement Agents can be on site immediately after the landowner has instructed us to carry out the evictions. There is no need for a Court Order, there is no need to give lengthy notice and it immediately shows the travellers your intention. The process tends to be quick, so costs are usually lower than going through the Court process.
Although a slightly longer process, once the Writ is issued, it can be enforced immediately This method of eviction is typically used to evict travellers in scenarios where there is a chance that the eviction may be resisted or where you envisage violence or any similar issues with the eviction. The Police are obliged under the Courts Act to assist the Enforcement Agent acting under a High Court writ. The outcome is certain and there are implications for the travellers should they return.
While dealing with traveller evictions presents challenges, prompt and considerate action, guided by professional advice, can mitigate potential issues. Swift yet sensitive handling of these situations ensures the well-being of all parties involved. London Bailiff Services and their partnership solicitors can offer expert guidance and support throughout the traveller eviction process. We provide comprehensive solutions to facilitate a smooth and successful eviction outcome, and are dedicated to assisting London property owners and managers in safeguarding their property
For further guidance on evicting travellers in London, reach out to London Bailiff services for prompt ,professional expert assistance. CONTACT US
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