Traveller, Gypsy or Trespasser Eviction from land under Common Law

 

Who can do an eviction from land under common law?

A common question we are asked by landowners

If there are Travellers, Trespassers or Gypsies on your land or car park they have no right to remain on your land. You as the landowner have a right to perform a trespasser, Gypsy or Traveller Eviction under Common Law.

Do you have to use a Bailiff to perform a trespasser, Gypsy or Traveller eviction?

The law is unclear in its wording. It states that the landowner can delegate the power to an agent. It does not define who can act as an agent.

The Oxford dictionary defines a bailiff as “the agent of a landlord”. It is the opinion of Enforcement Bailiffs that you should always use a Bailiff, who are now called Certificated Enforcement Agents.

To achieve a Certificate the individual must prove to a judge they are qualified and experienced. They are then registered by the Ministry of Justice and answerable to a Judge.

  • For collecting money it is now law under the Tribunals, Courts and Enforcement Act 2007 that you can only take of control of goods if you are a Certificated Enforcement Agent (TCE Schedule 12 Part 1 Paragraph 2 section 2). However if the power is conferred to a particular person like a High Court Enforcement Officer (HCEO) in the case of a High Court writ then only with the authority of that HCEO (TCE Schedule 12 Part 1 Paragraph 2 section 3).
  • Court evictions are carried out by either the County Court or the High Court via the HCEO. The HCEO delegates their power to execute the writs of possession down to the same Certificated Enforcement Agents that execute the Writs of Control.

To execute landlords warrants to evict it follows that Certificated Enforcement Agents are the people with the most experience in dealing with possession of land and property, and are very aware of the laws and limits that govern their behaviour when dealing with trespassers and squatters. They also have training in doing risk assessments when visiting premises to execute warrants.

Certificated Enforcement Agents, appointed by the Ministry of Justice and answerable to a Judge, hold professional indemnity insurance for evicting trespassers.

Be careful when delegating to ensure you are using Certificated Enforcement Agents. If during an eviction anyone was hurt, or anyone had property damaged, the landlord would risk being sued for hiring rogue agents and even worse charged with incitement.

We can help

Enforcement Bailiffs are available to advise and to perform trespasser, Gypsy and Traveller eviction services.

If you need help with a trespasser, Gypsy or Traveller eviction, then contact your local regional office.

London & South
0208 090 2439
Midlands & Wales
01733 306 462
Northern England
01325 526 127

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