Evictions | Remove Rough Sleepers | Homeless Evictions

In recent years, the issue of individuals living in tents or makeshift accommodation on private land has become a delicate and pressing concern across the UK.

For landowners and property managers, the challenges are not just logistical—such as ensuring the security, cleanliness, and appropriate use of their property—but also legal and moral concerns. As a professional enforcement company, UK Bailiffs understands the complexities involved in reclaiming private land while balancing the rights of all parties. One pivotal factor influencing this delicate balance is Article 8 of the Human Rights Act 1998, which protects the right to respect for private and family life.

Understanding Article 8 and Its Implications

Article 8 of the Human Rights Act provides that everyone has the right to respect for their private and family life, their home, and their correspondence. While this right is not absolute and can be lawfully interfered with under certain conditions, it does mean that any eviction—whether from a permanent structure or a temporary tent—must be approached with due care and proportionate measures.

When individuals set up makeshift homes on private land, they are often doing so as a measure of last resort, driven by circumstances such as homelessness, financial hardship, or displacement. Even though the landowner has a legal right to remove trespassers and regain lawful possession of their property, the courts and enforcement agents are increasingly mindful that the individuals residing there may have established a form of “home,” albeit temporary. Under these circumstances, the decision to remove them must be justified, proportionate, and carried out in a way that respects their dignity and human rights.

Recent Developments and Their Impact on Decision-Making

A recent high-profile case highlights how sensitive this issue has become. According to a report from the Daily Mail (Met Police Apologises for Crackdown), the Metropolitan Police Service apologized for actions taken against homeless individuals sleeping in tents, acknowledging that they acted unlawfully. This incident underscores the potential consequences for both law enforcement and property owners if due process and human rights considerations are not rigorously observed.

For property owners and enforcement agents, this serves as a cautionary tale. Heavy-handed or procedurally flawed measures—especially those that may appear to disregard the fundamental rights of vulnerable individuals—can lead to legal challenges, public outcry, and significant reputational harm. Decision-makers must therefore be even more diligent in ensuring that any action taken is supported by the proper legal framework, respects individual rights, and is communicated and executed in a humane and transparent manner.

Balancing Property Rights with Human Rights

From a legal standpoint, property owners possess a fundamental common law right to exclude trespassers. Whether through civil injunctions, court possession orders, or the use of certificated enforcement agents, the underlying premise is clear: an individual cannot simply occupy private land without permission. However, as the recent Met Police example shows, the manner in which these rights are exercised can significantly affect outcomes and perceptions.

To satisfy the requirements of proportionality under Article 8 and to avoid the pitfalls witnessed in similar cases, an eviction process should consider factors such as:

1. Vulnerability and Welfare of Occupiers: Are those occupying the land particularly vulnerable, such as individuals with health conditions, children, or disabilities? Enforcement agents must be sensitive to these factors and seek the most humane approach.
2. Availability of Alternative Accommodation or Support Services: While enforcement agents are not social workers, signposting to local charities, shelters, and housing support services can mitigate hardship and demonstrate a proportionate approach.
3. Timing and Method of Eviction: Abrupt or unnecessarily forceful action might be viewed as disproportionate. Providing proper notice, clear communication, and an opportunity to leave voluntarily can reduce conflict and hardship.
   

Procedures and Protocols

At UK Bailiffs, we understand the complexities involved in managing unauthorized encampments on your property. We provide a structured and legally compliant process to address such situations efficiently and effectively. Here’s how we handle the eviction of travellers and trespassers:

Step-by-Step Eviction Process:

1. Initial Consultation: Contact our office where our team will guide you through the eviction process, discuss potential costs, and answer any preliminary questions you might have.
2. Documentation Preparation: Fill out our online form, which will initiate the creation of the necessary legal documents required for eviction. This paperwork is automatically generated and will be served to the trespassers.
3. Deployment of Enforcement Agents: Our skilled and court-certified enforcement agents will be dispatched to your property, typically within two hours of receiving your instructions. They are equipped to handle various situations with professionalism.
4. Notice Serving and Engagement: Upon arrival, our agents will serve the eviction notice to the encampment occupants. They will engage with the residents, perform a comprehensive risk assessment, and gather insights into the situation.

• Strategy Discussion and Execution: After initial engagement, we will provide you with an update and discuss potential strategies:Peaceful Eviction: We might negotiate a voluntary departure, setting a deadline for the occupants to leave peacefully.
• Extended Deadline: If necessary, extend the deadline to the following day, based on compliance and mutual agreement.
• Escalation: If immediate removal is deemed necessary, we can escalate by bringing in additional resources like more bailiffs, K9 units, or recovery trucks.
• Full Removal: Proceed with a comprehensive eviction to clear the site.

   5. Execution of Eviction: Depending on your instructions and our professional advice, we execute the eviction plan. We ensure that all actions are within legal bounds and aim for minimal disruption to your property.