Traveller Eviction
Comprehensive Guide 2026

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Travellers setting up encampments on private land can be a complex and sensitive issue.

As one of the United Kingdom’s 40 High Court Enforcement Officers, I aim to provide a clear and thorough guide on traveller eviction.

This article covers everything from legal frameworks to practical steps for evicting travellers from private property.

Whether you are a landowner, a business owner, or simply interested in understanding the process, this guide will equip you with the necessary knowledge.

Can Travellers Be Evicted?

Yes, travellers can be evicted from private land.

The eviction process, however, must comply with specific legal procedures to ensure it is lawful and fair.

As a landowner, you have the right to reclaim your property, but it’s crucial to follow the correct steps to avoid legal repercussions.

How Do Bailiffs Remove Travellers?

Bailiffs, particularly High Court Enforcement Officers, play a pivotal role in the eviction of travellers. The process typically involves the following steps:

1. Legal Notice: Initially, a legal notice must be served to the travellers, informing them that they are trespassing and requesting them to vacate the premises.

2. Court Order: If the travellers do not leave voluntarily, the next step is to obtain a court order. This can be done through the County Court or the High Court, depending on the situation.

3. Enforcement: Once a court order is granted, High Court Enforcement Officers can be instructed to enforce the eviction. They will attend the site, enforce the order, and oversee the removal of the travellers.

Eviction Using Common Law

Common law provides an alternative method for evicting travellers without the need for a court order. Here’s how it works:

1. Self-Help Eviction: Under common law, landowners have the right to use reasonable force to remove trespassers from their property. This includes instructing enforcement agents to carry out the eviction.
2. Notice of Eviction: Enforcement agents will serve a notice of eviction, usually giving the travellers 24 hours to vacate the premises.
3. Removal: If the travellers do not leave voluntarily, the enforcement agents will return to the site and remove them, using reasonable force if necessary, tough there are limitations when compared to a court order.

While common law eviction can be quicker and less costly than court-ordered eviction, it’s essential to ensure that the process is conducted lawfully to avoid any legal challenges, and has certain limitations as opposed to a court order.

What Can Police Do About Travellers?

The police have certain powers to deal with traveller encampments under the Criminal Justice and Public Order Act 1994. They can:

• Direct Travellers to Leave: If there are six or more vehicles, or if the encampment is causing significant disruption or damage, the police can direct travellers to leave the land.
• Remove Vehicles: If the travellers do not comply with the direction to leave, the police have the power to remove vehicles.
• Arrest: Non-compliance can also lead to arrest and potential prosecution.

What Are the New Laws Against Travellers?

Recent legislative changes have introduced stricter measures against illegal encampments. The Police, Crime, Sentencing and Courts Act 2022 has expanded the powers of law enforcement, including:

• New Criminal Offences: Making it a criminal offence to reside on land with a vehicle without the landowner's consent, if it causes or is likely to cause significant harm or distress.
• Increased Penalties: Higher fines and potential imprisonment for non-compliance.
• Enhanced Police Powers: Greater authority for the police to move travellers on and seize vehicles.

How Do I Get Travellers Off Private Property?

To remove travellers from private property, follow these steps:

1. Request Voluntary Departure: Politely ask the travellers to leave. Provide a reasonable time frame for them to vacate the premises.
2. Serve a Legal Notice: If they do not leave voluntarily, serve a formal legal notice.
3. Seek a Court Order: Apply for a possession order from the court.
4. Enforce the Order: Once the order is granted, instruct High Court Enforcement Officers to carry out the eviction.

How to Evict Travellers?

The eviction of travellers involves a legal process that must be followed meticulously:

1. Legal Notice: Issue a legal notice to the travellers.
2. Court Application: Apply to the court for a possession order.
3. Hearing: Attend the court hearing where the judge will decide on granting the order.
4. Eviction: Upon receiving the possession order, use High Court Enforcement Officers to enforce the eviction.

About the author

This article was written by Andrew 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.

Conclusion

Traveller eviction requires a thorough understanding of legal procedures and enforcement methods.

As a High Court Enforcement Officer, my role is to ensure that these processes are carried out lawfully and effectively. By following the guidelines provided, landowners can reclaim their property while respecting the rights of all parties involved.

For more detailed information, please refer to the comprehensive guides provided by Quality Bailiffs on removing travellers from private land and understanding traveller encampment law.

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