Traveller Encampment Eviction Law

Travellers on Warehouse

In this 2023 updated article we are going to update you on the effects we have seen as the police put these laws into practice.

At Quality Bailiffs one of the most common questions we get asked is: how do we remove travellers from private land?

In this article we are going to get down to the nitty gritty and explain the relevant parts of the law that can be applied to removing travellers from private land.

There have been a few changes in the law due to the Police, Crime, Sentencing & Courts Act 2022 that may help matters.

See Traveller Evictions 2022 guide

Update a year on from the enactment of Sentencing & Courts Act 2022

Since the Police, Crime, Sentencing & Courts Act 2022 was enacted we have certainly not seen many if any of the Police forces use these new extra powers very often. The Police often say that evicting travellers from private land is a civil matter not a criminal one.

This statement they have used for years is now not correct and often we have to educate landlords on the new laws so they can argue the point. Arguing the points of law and complaining often gets a better response though of course the police can still say they do not have sufficient resources to issue and enforce these powers. Our expert advisers would be on hand to offer you advice on the best courses of action and what powers and actions to take.

The number of unauthorised encampments is still very high.

Number of unauthorised encampments

Giving Notice to Trespassers

To give notice to trespassers we serve a common law notice that has been correctly drafted telling the travellers to leave.

We would send the nearest member of our enforcement team to the unauthorised encampment. This would usually be a High Court Enforcement Agent.

These Enforcement Agents are experienced and have up-to-date training. They work on behalf of, and with the delegated authority of, our High Court Enforcement Officer. Some of our agents are featured on the BBC’s series “The Sheriffs Are Coming”.

They are usually dressed appropriately with body armour and PPE, and use centrally monitored and audited Body Worn Video.

Any threats or other intimidation can be recorded as evidence for the police if required and they log events so there is a record of the service.

Traveller Encampment Eviction Law

At this stage we also carry out a health and safety risk assessment in accordance with health and safety law.

Then it is a waiting game for the notice period to end.

Can we serve our own notice and if they don’t leave get you to do the eviction?

Yes, you can do this and it may save you time and money.

You should be aware however that we are still obliged by law to carry out a risk assessment before turning up to evict the travellers.

We charge the same fee for serving notice (at which time we complete a free risk assessment) as we do for only completing the risk assessment. In effect you get the risk assessment free when we do the serving of the notice.

There are some health and safety issues you should be aware of before serving notice yourself.

  • You put yourselves or your staff at risk by serving the notice.
  • Check that you and any of your employees will be insured if anything happens.

The travellers know, as you are not bailiffs, that you are not going to evict them. It follows in their mind that they still have time to stay until they see a bailiff. In our experience 9 times out of 10 they ask to see bailiff ID when we arrive and take no notice of security staff or none bailiffs.

What is the content of this notice?

There is no such thing as an official notice with wording defined in law. Each bailiff company has their own notice.

If you wish to try serving a notice yourself you can download free a traveller / trespasser eviction notice from here.

download free eviction notice

(This template does not constitute receiving professional advice legal or otherwise. It is meant for educational purposes. All information is provided in good faith and is used at the user’s own risk. Enforcement Bailiffs Ltd, t/a Quality Bailiffs, or it’s employees, are not qualified or insured to give legal advice, and all clients should satisfy themselves of their own legal position before using or proceeding with any of the templates, suggestions, strategies or procedures, and before instructing us.)

What happens if they don’t leave?

If the travellers have not left by the end of the notice period, then one of our Trespasser and Traveller Eviction Experts will advise you on the best strategy to remove the trespassers or travellers from your land.

get a quote
to remove
your travellers

Legal Options

Common Law Power

The common law rights of landowners, allows a Bailiff to be instructed to take vacant possession of the land. This is laid out in Halsbury’s Laws of England, Para 1400, volume 45 of Fourth edition.

It is well established in common law that an aggrieved individual has two remedies for trespass to their property. These are:

  1. The person may issue a claim for damages but this does not necessarily remove the problem or,
  2. The individual may resort to self-help means to protect their property- that is, they can act to terminate the trespass, to abate the nuisance.

See Home Office Guide to effective use of enforcement powers: Part 1: Unauthorised encampments.

There is no requirement for a court order.

The Bailiffs are allowed to use only minimal force. They are not allowed to break locks, or break down caravan doors.

There is no penalty to the travellers if they return to the land after they have left.

This can be carried out by a Certificated Enforcement Agent as long as they suitably experienced and have been trained in Common law and other eviction law, and the use of force and conflict management.

Often the bailiffs using their negotiation skills with the travelling community can be the best and quickest way of getting the site clear. We have found that being overly aggressive often just leads to a stalemate and causes more issues than it solves.

Read article: Evicting from Land using Common Law Power.

Part 55 Civil Procedures Rules in County Court

This section of law is used by the landowner.

You normally need to engage the services of a solicitor and therefore you are likely to incur legal costs. It can take 10 to 14 days as a minimum for this eviction to come to a successful conclusion.

Again there is no penalty if the travellers return to the land.

The traveller eviction is usually enforced by High Court Enforcement Officers as they have more resources and can get this done quicker than County Court Bailiffs.

Read: Part 55 Civil Procedures Rules in County Court.

Part 55 Civil Procedures Rules Emergency High Court Order

Again this section of the law is used by the landowner. This is a quicker method of eviction, (taking 3-4 days). However you will need to consider the legal costs as you need to hire a solicitor for the high court. An eviction using this section of law needs to fit a very tight set of circumstances and you will need to have collected evidence to back up your case.

There is no penalty to the travellers should they return to your land.

The traveller eviction is always enforced by a High Court Enforcement Officer.

Read: Part 55 Civil Procedures Rules Emergency High Court Order.

Sections 77-78 Criminal Justice and Public Order Act 1994

This section of law can only be used by a local authority for removal of unauthorised encampments. This doesn’t necessarily mean that the local authority has to own the land though. The land just has to be within the local authority’s area.

There are criminal sanctions that can be imposed on the travellers if they return to the site within 3 months.

You would only need to involve the courts if the travellers do not leave as directed.

This type of eviction is carried out by Certificated Enforcement Agents. At Quality Bailiffs we work for over 62 local authorities in England and Wales.

There is no need for a court order to enforce this section of law.

Read: Sections 77-78 Criminal Justice and Public Order Act 1994.

Sections 60-62 Criminal Justice and Public Order Act 1994

This is the type of eviction that is used by the police.

They can use it to evict travellers from any land except the highway.

There must be at least two people that need to be evicted.

The police can remove both identified people and/or their vehicles from the land.

There is no need for a court order to enforce this section of law.

Read: Sections 60-62 Criminal Justice and Public Order Act 1994.

What if they are fly tipping?

Incidences of trespassers gaining entry to building sites, development land and trading businesses are escalating.

Once on the premises, they can claim squatters rights, and usually leave significant amounts of rubbish that the owner has to pay to clear.

All of this can cause serious financial issues for any commercial organisation.

So what can be done to stop fly tipping quickly?

Quality Bailiffs can demonstrate a 100% client success rate in preventing additional fly tipping and managing evictions.

We offer a unique and competitive fixed fee for a restricted entry blockade, so you know exactly what you are paying.

See our team catching up with BBC news just after completing another successful traveller eviction.

We can help

get a quote
to remove
your travellers

About the author

This article was written by Andy Coates, Authorised High Court Enforcement Officer and full member of The High Court Enforcement Officers Association, and current CEO of Quality Bailiffs.

Andy has a Level 4 diploma in High Court Enforcement, and over twenty five years of experience in the bailiff and investigation industry. He is a former governing council member of both CIVEA and ABI.

read more eviction articles