Evictions
Evicting trespassers on your land
Private landlords have various choices when faced with trespassers on their land or buildings by either going through Common Law or Court Process. Private landowners can remove travellers using Common Law. Otherwise known as Halsbury’s Laws of England. It states that if a trespasser peaceably enters or is on land, the landowner may request him to leave, there is no requirements to state a specific period of time. If they do not leave, the landowner has the right to use no more than reasonable force in order remove the trespasser(s) leave their land. This where ERE step in.
All of our Enforcement Agents have up-to-date training considerable experience in removing Travellers/Gypsies and Trespassers from land and often gain lawful possession within 24 hours of being instructed.
Once our enforcement agents have attended site they will carry out a dynamic risk assessment and forward a report. The report will contain as much information as possible such as the amount of caravans/ vehicles occupying the site, number of trespassers as well as their behaviour and attitude towards nearby tenants and our enforcement agents. Our professional enforcement agents will decide if extra assistance is required as well as how best to use their time.
We will serve notice to quit the land and remain on site and oversee the departure of the trespassers. ERE act as quickly as possible to clear your land of trespassers, with most departing once a notice is served to them. In this situation, your only cost is for the attendance and notice serving. However, enforcement costs will be higher if we need to stay on site for longer and have to involve use of removal vehicles.
We would advise to any landlord on the land being vacated that they secure the site as soon as possible to prevent them returning.
Order for Possession
Another option for the landowner is to apply through the Court for an Order for possession. Once this has been awarded, the order can be transferred to the High Court so a Writ of Possession can be granted. As soon as the writ has been sealed and we have a copy ERE can act to remove the trespasser(s) again, using no more than reasonable force.
Although obtaining a court order is possible it can take up to 21 days and may be quite expensive, typically between £4,000 – £5,000 due to solicitor, court and enforcement costs.
Police Involvement/b>
When serving the notice of eviction/physical eviction is taking place, the police may be informed when ERE feel it is essential in order to prevent a breach of the peace. The Department for communities and Local Government (February 2004) recommends police be present to reduce the risk of a breaching the peace. The police will also evaluate the situation and if conclude that the eviction is not appropriate at that time, then it should be delayed until an agreed time. If a landlord chooses to ignore the police instruction, the eviction could lead to an injury, assault or damage to a person or property.
ERE can assist when trespassers have vacated the location. We are able to advise you how best to prevent reoccurrences and can also provide 24-hour security, K9 units, gates, height restriction barriers and installing concrete bollards around the site.
All of our Enforcement Agents have up-to-date training considerable experience in removing Travellers/Gypsies and Trespassers from land and often gain lawful possession within 24 hours of being instructed.
Once our enforcement agents have attended site they will carry out a dynamic risk assessment and forward a report. The report will contain as much information as possible such as the amount of caravans/ vehicles occupying the site, number of trespassers as well as their behaviour and attitude towards nearby tenants and our enforcement agents. Our professional enforcement agents will decide if extra assistance is required as well as how best to use their time.
We will serve notice to quit the land and remain on site and oversee the departure of the trespassers. ERE act as quickly as possible to clear your land of trespassers, with most departing once a notice is served to them. In this situation, your only cost is for the attendance and notice serving. However, enforcement costs will be higher if we need to stay on site for longer and have to involve use of removal vehicles.
We would advise to any landlord on the land being vacated that they secure the site as soon as possible to prevent them returning.
Order for Possession
Another option for the landowner is to apply through the Court for an Order for possession. Once this has been awarded, the order can be transferred to the High Court so a Writ of Possession can be granted. As soon as the writ has been sealed and we have a copy ERE can act to remove the trespasser(s) again, using no more than reasonable force.
Although obtaining a court order is possible it can take up to 21 days and may be quite expensive, typically between £4,000 – £5,000 due to solicitor, court and enforcement costs.
Police Involvement/b>
When serving the notice of eviction/physical eviction is taking place, the police may be informed when ERE feel it is essential in order to prevent a breach of the peace. The Department for communities and Local Government (February 2004) recommends police be present to reduce the risk of a breaching the peace. The police will also evaluate the situation and if conclude that the eviction is not appropriate at that time, then it should be delayed until an agreed time. If a landlord chooses to ignore the police instruction, the eviction could lead to an injury, assault or damage to a person or property.
ERE can assist when trespassers have vacated the location. We are able to advise you how best to prevent reoccurrences and can also provide 24-hour security, K9 units, gates, height restriction barriers and installing concrete bollards around the site.
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