Same Day Nationwide Enforcement Service
Same Day Nationwide Enforcement Service
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.
The number of unauthorised encampments is still very high.
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 2020 series of “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.
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.
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.
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:
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.
Read article: Evicting from Land using Common Law Power.
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.
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.
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.
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 61-62 Criminal Justice and Public Order Act 1994.
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.
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.
Quality Bailiffs has over 25 years of experience in completing fast traveller eviction.
If you need the eviction of an unauthorised encampment then contact Quality Bailiffs.
read more eviction articles
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