Evicting Travellers in Birmingham

Here, we explain how UK Bailiffs can remove travellers and trespassers from private land.


0330 133 1818

Bailiff legislation

The Law Relating To Evictions


All landowners in England and Wales, whether the land is privately owned or owned by a local authority have a right to remove trespassers from their land through either Common Law or via the Courts.


In 1907 Stanley Bond, the owner and publisher of Butterworths Law Journal asked the former Lord Chancellor, Hardinge Giffard , The First Earl of Halsbury to help produce an authoritative guide to the Laws of England and Wales.

This became known as Halsbury's' Laws of England


Halsburys Laws of England (Paragraph 1400, Volume 45, 4th Edition) states that:


“If a trespasser peaceably enters or is on land, the person who is in or entitled to possession may request him to leave, and if he refuses to leave, remove him from the land using no more force than is reasonably necessary. '


The rules largely remain the same today.


Bailiffs (now called Enforcement Agents) have traditionally carried out this role and can lawfully attend land without notice to request the trespassers and travellers vacate. If they refuse, they can evict them immediately without leave from the Court and using reasonable force.


There are exceptions, for example; if the Agent can not gain peaceful access to the site, in other words, if he has to cut a lock or force open a door to access the travellers, then he can not enter the site.


In practice, the Agents will attend the site and serve notice on the travellers that the landowner requires them to leave.


The Agents will carry out a full risk assessment and assess any issues that the landowner may not be aware of and then give the travellers reasonable notice to leave.


If they fail to leave within this time frame then the Enforcement Agents may physically remove any vehicles and escort any trespassers off the land using no more force than necessary.

Reasonable Notice / Reasonable Force


Possibly the most vague word in the English language is reasonable. It is not legally defined and open to varying interpretations depending on which side of the argument you are on.


A landowner experiencing travellers for the first time understandably would say reasonable notice is immediate and would expect the Enforcement agency to act accordingly.


 A travelling family could argue that reasonable notice means until they have found somewhere more suitable to move to.


The standard of ‘reasonableness’ is one that is usually determined by reference to a well-informed third party with the same expertise acting under the same circumstances. 


Therefore an experienced Enforcement Agent will assess the situation, determined by the needs of the landowner, the health and safety of all people concerned and the welfare of the illegal occupiers.


Would it be reasonable to forcibly remove travellers at 11pm when children are asleep? Would it be reasonable to forcibly remove travellers if they are showing signs of preparing to move and need an hour to wait for somebody to come back?


This is the same with reasonable force. There is no legal definition, just a judgement that could ultimately be decided in Court,


At a minimum, most Enforcement Agents will allow 2 hours for the travellers to leave the land. If they are not causing disruption or damage to property it could be reasonable to allow 24 hours

The Up Side to using Common Law Eviction.


The Enforcement Agent can be on site immediately after the landowner has instructed the Company carrying out the evictions. There is no need for a Court Order, there is no need to give lengthy notice and it quickly shows your intentions.

Because the process tends to be quick, the costs are usually lower than going through the Court process.


The Inevitable Down Side


There is no legal recourse available if the travellers come back the following day. However this rarely, if ever happens as the travellers know that the landlord takes immediate action.



Other Considerations


If the eviction is from a local authority owned site, then the Human Rights Act must be considered. Article 8 of the ECHR protects an individual’s right to home and family life.


There might also be children at the site, in which case there may need to be liaison with social services to ensure they are taken care of and have access to appropriate services.

travellers

Contact A Recovery Specialist

Evictions Derby
Evictions in Derby

Call 0330 133 1818

Email : Help@ukbailiffs.org


Traveller Eviction FAQs

Got a question? We’re here to help.

  • Do I need a Court Order to remove Travellers?

    Under most circumstances you do not need a Court Order to evict trespassers from your land. .


    Under Halsburys Laws of England (Paragraph 1400) it states that ‘ If a trespasser peaceably enters land, the person who is entitled to possession may request him to leave; and if he refuses to leave may remove him from the land using no more force than is reasonably necessary’.



    There are some circumstances when a Court order may be required such as they have secured premises internally, but we'll be able to advise you on that

  • Can I just pay the travellers to leave?

    As part of our anti-bribery and corruption policy, (see here) we  are unable to pay travellers or  trespassers to vacate and are unable to support a client who wants to do this.


    We would strongly recommend you do not pay illegal trespassers to leave as you are likely to see an increase in traveller activity at your site due to you being seen as a 'cash-cow' or easy target.


  • Can I remove the travellers myself ?

    As described above, you have a legal right to remove them yourself. However, as a landowner you are legally responsible for the welfare of any one occupying your land (legaly or not).


    We are trained and highly experienced in this. We are fully insured, experts in risk assessments, video enabled and trained negotiators.

  • Do you guarantee your services?

    No. But our likelihood of success is high. Over 15 years doing Traveller Evictions we estimate 97% are successfully concluded.


    Police, health and safety and welfare, and occasionally the instructing client are mainly responsible for the 3%

  • So, you just turn up and start removing everyone?

    No.  Most people from the travelling community are reasonable people and the majority are not criminally minded.


    We serve notice that they must leave immediately (or as agreed with you)


    We then give them reasonable time to vacate. Usually this is up to 2 hours.


    During this time, we monitor behaviour and ensure they are preparing to move.


    If they are being reasonable, we may negotiate extra time, however if they are non-compliant or refusing to leave then we will look at escalating the situation.

  • Do you carry out risk assessments?

    In line with the Health and Safety at Work 1999 legislation, you have a legal duty to assess risks and to protect the safety of everyone involved in the eviction process.


    We carry out a Generic risk assessment on first attendance and will then relay our recommendation back to you.  We will provide you immediately with our Agents report.  Throughout the eviction process, we will constantly reassess the eviction and modify our actions to manage any risks.

  • Are You Insured ?

    We hold Public liability, Public Indemnity and Employees Liability Insurance?



    Copies of which can be requested through our recovery manager

  • Do you provide security/clean up services

    Yes. We can provide security for the site (static / mobile or dog patrols) to ensure your land is secure overnight and we can arrange for contractors to attend to clean up the site if required. Just ask when you phone or request it on the on-line form

  • What do you charge?

    Prices start at £350 plus VAT

  • Why should we use you ?

    We only ever use Certificated Enforcement Agents to carry out evictions, a lot of companies now, unfortunately use un-trained security personnel.



    All of our agents are ; 


    self employed, 

    carry body worn CCTV equipment, 

    have a minimum 2 years experience in the industry,

    are trained negotiators

    have on-street and/or classroom training

    have successfully carried out evictions.

    Are regularly DBS and financially checked.

    We pay our Agents well above the national average meaning they want to keep working for us which motivates them to do the best job possible for you.



    We carry Public Liability, Indemnity and Employees Liability insurance to a minimum of £10 million in addition all Agents carry a personal bond of £10,000

  • Are there other options available to us?

    Yes. Below is a list of all current lawful methods for removing trespassers 



    Common law powers (This method)



    • can only be used by the landowner 


    • are used to regain possession of land; 


    • does not require the involvement of the courts; 


    • enforced by the landowner and Enforcement Agents where necessary; 


    • does not provide any sanctions offence for the return of trespassers onto land



    Part 55 Civil Procedures Rules 



    • can only be used by the landowner; 


    • is used to regain possession of land; 


    • requires attendance in Court; 


    • possession is enforced by county court bailiffs, where necessary; 


    • does not provide any sanctions for the return of trespassers onto land.



     


    Sections 77-78 Criminal Justice and Public Order Act 1994 



    • can only be used by a local authority; 


    • can be used on any land within the local authority’s area, irrespective of ownership; 


    • is used to remove identified individuals from land; 


    • only require the involvement of the courts when unauthorised campers do not leave when directed to do so; 


    • possession is enforced by local authority officers or Enforcement Agents employed by the local authority; 


    • the return of unauthorised campers and/or their vehicles to the location within three months carries criminal sanctions.



     


    Sections 61-62 Criminal Justice and Public Order Act 1994



    • can only be used by the police; 


    • can be used on any land except the highway; 


    • is used to remove identified individuals and/or their vehicles from land; 


    • there must be two or more persons trespassing on the land before the power can be used; 


    • do not require the involvement of the courts;


    • possession is enforced by the police; 


    • the return of unauthorised travellers/ trespassers  to the location within three months carries criminal sanctions.




    Section 62A-E Criminal Justice and Public Order Act 1994 



    • can only be used where an alternative site is available; 


    • can only be used by the police; 


    • can be used on any land; 


    • is used to remove identified individuals and/or their vehicles from the land; 


    • does not require the involvement of the courts; • possession is enforced by the police; 


    • the return of unauthorised travellers / trespassers to the local authority area within three months carries criminal sanctions.




    Government Guidance on Travellers 

  • I have more questions

    No Problem.  


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