Call Us TODAY on 020 3588 4240

Eviction of travellers using common law or a writ of possession

Worth Sharing?

Get Access to the Best Content on High Court Enforcement

From our heritage as Sheriffs we have developed our property services for the benefit of our community so they have a one-stop shop of protection.

As a landowner in England or Wales, the last thing you want to see is travellers trespassing your premises. Believe us when we say it’s a stressful experience for landlords causing them all kinds of problems for businesses, local authorities, and private property or landowners. You simply want to get rid of them as quickly as you can with minimum hassles.

The UK housing crisis and the shortage of authorised sites for travellers have led to a dramatic increase in the number of travellers setting up on unauthorised encampments. As a landowner in England and Wales, you are entitled to evict travellers from your land under the Common Law. You can go down the court route to do so but that is a costly and time-consuming affair.

Shergroup can solve the problem by acting on your behalf, removing travellers that are trespassing on your land. Once we get a signed authority from you our eviction experts will move the gypsies immediately, usually clearing the site within 24 hours.

When travellers set up their camp on a council land then the council can evict them, but if the encampment is on private land, it is entirely the landlord’s responsibility.

What should you do if gypsies or travellers arrive on your property?

The first thing you should do is talk to them; tell them this is your land. Inquire as to why they are there and how long they intend to stay. Check to see if they’re causing a problem. If they have spread their camp onto a right of way or highway, you should seek legal advice and ask what’s it likely to cost.

What if the gypsies or travellers refuse to talk?

The majority of gypsy and traveller families appreciate the chance to interact with other members of the community. Keep in mind that they may be wary of speaking openly at first because they face a lot of intolerance and racism. If you don’t think the negotiations are going well, put them on hold for the time being and consult with your lawyer.

What should you do to reclaim the possession of your property?

Possession should be sought in the civil courts under Part 55 of the Civil Procedure Rules, according to your solicitor.

This will involve:

  1. Asking the gipsies to leave
  2. Issuing or serving a court order
  3. Seeking a possession order in court
  4. Serving a possession order if necessary
  5. Executing a warrant for possession with county court bailiffs

If the travellers and Gypsies have no wrong intentions, they will vacate once the order is served. If not, you can hire private bailiffs to remove them without a possession order.

There should be a minimum of two clear days between service of notice and the court hearing if the proceedings are undertaken in the county court under the Civil Procedure Rules 1998 to obtain a court order for eviction.

Legal Options

A Bailiff can be instructed to take the vacant possession of the land under the common law rights of the landowners. As per the common law there are two ways landowners can get rid of travellers, they are:

  1. The landowner can issue a claim for damages, but this does not necessarily end the problem of trespass
  2. Individuals can use self-help methods to protect their property, such as taking steps to end the trespass or reduce the nuisance.

A court order is not required.

Bailiffs are only allowed to use minimal force and are not allowed to break locks or break down caravan doors. The travellers will not be fined if they return to the land after they have left. This can be done by a Certificated Enforcement Agent if they have the necessary experience and training in common law and other eviction laws, as well as the use of force and conflict resolution.

Part 55 Civil Procedures Rules in County Court

Landowners need to engage the services of a solicitor and that’s why they’d have to bear some legal costs. For a successful conclusion for the eviction to come through, it may take a minimum of 10-14 days. Again, the travellers won’t be penalized if they return to the property. High Court Enforcement Officers are typically used to enforce traveller evictions because they have more resources and can complete the process faster than County Court Bailiffs.

Part 55 Civil Procedures Rules Emergency High Court Order

This section of the law is for the landowners. This is when you need a quick eviction. You’d have to hire a high court solicitor and bear the cost of hiring them. An eviction under this section of the law must be based on a very specific set of circumstances, and you must have gathered evidence to support your claim.

The travellers will not face any consequences if they return to your property.

How Long Can Travellers Stay on Council Land?

Travellers typically cannot stay on council land long-term. There’s no set timeframe, but it depends on whether an agreement is reached with the council. Councils must follow a legal process to remove travellers, which can take time. However, travellers who cause disruptions or trespass on council land will likely face eviction swifter than those who cooperate.

Summing-up

Shergroup uses their highly experienced eviction officers who know how to appropriately manage an eviction situation. We begin by serving the travellers with an eviction notice. This usually gives them until the next day to leave the location on their own.

Our bailiffs will conduct a risk assessment when they visit the location to serve notices. This allows us to plan the best resources if an eviction is necessary.

At Shergroup we understand the problems that can incur on the site and our trained officers know how to deal with cases effectively. We ensure that traveller groups are evicted from your site quickly and using the correct resources.

We work with local agencies, such as the police department, to ensure that illegal encampments are removed quickly and peacefully. We can typically be on-site within hours of receiving instructions and have the site cleared the same day.

If you have problems with travellers on your land, contact Shergroup today on 8458909200 or email [email protected]

You Might Also Like

Content Writer​

DISCLAIMER NOTICE |

The following disclaimer applies to Shergroup Limited and its platform, shergroup.com. Please read this notice carefully before accessing or using any information provided on our platform.

  1. No Legal Advice | The information presented on shergroup.com, including but not limited to articles, blog posts, FAQs, and other resources, is provided for general informational purposes only. It is not intended to be, and should not be considered, legal advice. The information provided does not create a solicitor/client relationship between Shergroup Limited and the user.
  2. Not a Substitute for Legal Advice | The information on shergroup.com should not be relied upon as a substitute for obtaining legal advice from a qualified professional. The application of laws and regulations can vary based on specific circumstances, and legal advice tailored to your particular situation is crucial. Therefore, we may refer you to a member of our partner firm -Shergroup Legal – on legal matters or encourage you to take your own legal advice from your preferred advisor.
  3. No Guarantee of Accuracy | While we strive to provide accurate and up-to-date information, Shergroup Limited does not guarantee the accuracy, completeness, or reliability of any information on shergroup.com. The legal landscape is constantly evolving, and laws may vary across jurisdictions. Therefore, any reliance you place on the information provided is at your own risk.
  4. No Liability | Shergroup Limited, including its officers, employees, agents, and affiliates, shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of shergroup.com or any information contained therein. This includes, but is not limited to, any errors or omissions in the content, or any actions taken or not taken based on the information provided.
  5. Third-Party Links | Shergroup.com may contain links to third-party websites or resources. These links are provided solely for convenience and do not imply endorsement or responsibility for the content, accuracy, or legality of such websites or resources. Shergroup Limited shall not be liable for any damages or losses incurred as a result of accessing or using any third-party websites or resources.
  6. Changes to Disclaimer | Shergroup Limited reserves the right to modify or amend this disclaimer notice at any time without prior notice. Any changes will be effective immediately upon posting on shergroup.com. It is your responsibility to review this notice periodically for updates.

By accessing or using shergroup.com, you acknowledge that you have read, understood, and agreed to this disclaimer notice. If you do not agree with any part of this notice, you should refrain from accessing or using shergroup.com.

Last updated | 19 July 2023

Should you have any questions or concerns regarding this disclaimer notice, please contact us at [email protected]