Common Law Evictions
The established Common Law remedy of “Self Help” is set out in Halsburys Laws of England (Paragraph 1400, Volume 45, 4th Edition) and is also supported by case law. The remedy entitles landowners to remove trespassers by using no more force than is reasonably necessary. It also provides a faster, and generally cheaper alternative to obtaining a court order. This is the most frequently employed method of eviction from private land, and is endorsed in the Home Office Guide Enforcement Powers in Dealing with Unauthorised Encampments
Traveller Evictions UK normally use a 3 step Common Law Eviction process, as follows:
Prepare and serve a notice for trespassers to quit the site, notifying them of a time by which they must vacate. This notice is usually served on the same day of instruction.
Carry out a dynamic risk assessment of the site on the service visit in preparation for the eventuality that the notice is not complied with.
If trespassers remain on the site following service of notice to quit, Traveller Evictions UK enforcement agents will proceed to repossess the land under the established legal remedy.
In the event that we have to effect a physical removal of trespassers our agents may be assisted by our pre-approved contractors who are experienced in this scenario. Coupled with our agent’s extensive in-depth knowledge of the relevant laws and protocols, clients can have the peace of mind that we will deliver a solution that is fully legally compliant.
The Role of the Police
On occasions, it may be necessary to enlist the support of the police in order to avoid a breach of the peace. We work in co-operation with police, and where required will agree on a joint strategy to effect the eviction if it is considered there is a high risk of a disturbance.
The main benefits of using Common Law are the speed at which the eviction can be carried out, and, what can be considerably lower cost implications.
In many cases an instruction can be carried out within 24 hours, therefore there is less potential for damage to be caused to the land or property and reduced opportunity for fly-tipping.
To find out more about our fast track trespasser removal call us on