Evicting Rough Sleepers, Trespassers and Excluded Occupiers

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Homelessness is not an occupation status

A person may be a trespasser, licensee, tenant, contract-holder, excluded occupier or residential occupier with basic protection. Those categories carry different notice and court requirements. A rough sleeper on open land and a person placed in temporary accommodation should therefore never be treated as the same type of case.

Private land

Rough sleepers and other trespassers

A person camping or sleeping on private land without permission will commonly be a civil trespasser. Homelessness does not itself create a right to remain on another person’s land. It does, however, make careful welfare planning and proportionate operational evicting decisions particularly important.

A landowner may have common-law remedies, but self-help is fact-sensitive. It should not be presented as an unrestricted right to use “reasonable force”. Violence or threatened violence used to secure entry may be criminal, and assault, criminal damage, harassment or a breach of the peace may arise from badly managed action.

Police attendance

The police may deal with crime and prevent a breach of the peace, but they do not normally decide civil ownership or possession rights. Their attendance should not be treated as legal authority for an eviction.

Possession proceedings

Standard claims and interim possession orders

CPR Part 55 provides the court procedure for possession claims, including claims against trespassers. A standard possession order is often the appropriate route where occupation is disputed, the facts are complex or an accelerated interim remedy is unavailable.

Interim possession orders are exceptional

An interim possession order (IPO) is not a general shortcut. Under CPR 55.20–55.28, it is available only where the claim is solely for possession against trespassers, the claimant has had an immediate right to possession throughout the alleged unlawful occupation, and the claim is made within 28 days after the claimant first knew—or ought reasonably to have known—of the occupation.

An IPO cannot be sought against a person who entered or remained with the consent of someone who then had an immediate right to possession. Strict forms, evidence, service times and undertakings apply. Specialist advice should be taken before using this route.

Residential occupation

Excluded occupiers, licensees and basic protection

The Protection from Eviction Act 1977 generally protects residential occupiers from eviction without due process. Section 3A identifies excluded tenancies and licences. A common example is a genuine lodger who shares living accommodation with a resident landlord, provided the detailed statutory conditions are satisfied.

An excluded occupier can usually be required to leave without a court order after the contractual notice or, where no valid notice term applies, reasonable notice. The notice needed depends on the agreement and circumstances.

Where the documents support a genuinely excluded route and the right to occupy has ended, our excluded occupier eviction service explains the review and attendance process. An assessment is required before any instruction is accepted.

A residential occupier who is not excluded may have basic protection even if they do not have a conventional tenancy. In that situation, a court order is normally required. Physical removal or a lock change should not proceed until status and notice have been checked.

Councils and public bodies

Human rights, homelessness duties and safeguarding

In Manchester City Council v Pinnock [2010] UKSC 45, the Supreme Court confirmed that a court hearing a possession claim by a public authority must be able to consider whether eviction is proportionate under Article 8 where the issue is properly raised. This does not create an automatic right to remain or prevent every possession order.

In England, homelessness functions are principally governed by Part 7 of the Housing Act 1996, as amended, and the statutory Homelessness Code of Guidance. In Wales, the current framework is principally Part 2 of the Housing (Wales) Act 2014. A homelessness assessment or relief duty is distinct from the person’s civil right to occupy a particular property.

Public bodies should document the legal basis for possession, relevant vulnerabilities, reasonable adjustments, safeguarding referrals and the impact on children or other affected people. Equality and public-law duties may require more than a purely property-based assessment.

After possession

Tents, possessions and uncollected goods

Belongings left at the site should not automatically be treated as abandoned or discarded. The landowner may become an involuntary bailee and duties can arise under the Torts (Interference with Goods) Act 1977 and the general law.

Record and photograph items, secure them where reasonably practicable, preserve medication, identity documents and obviously valuable or personal goods, and give an appropriate opportunity for collection. Any notice, storage, disposal or sale process must be tailored to the facts. Hazardous items require a separate risk assessment.

Before attendance

Information needed for a lawful instruction

• Evidence of ownership, management authority or the immediate right to possession.
• The address, plan and precise area to be recovered.
• How and when occupation began, including any consent previously given.
• Copies of agreements, licences, notices, correspondence and court orders.
• Whether the location is residential premises, open land or mixed-use property.
• Known occupants, children, health conditions, vulnerabilities, animals and safeguarding concerns.
• Details of tents, vehicles and belongings remaining on site.
• Expected resistance, previous incidents and proposed police liaison.
• Arrangements for locksmiths, security, boarding, storage and site control after recovery.