Evictions | Travellers and Trespassers
Traveller, Trespasser & Rough Sleeper Evictions
Our Certificated Bailiffs (Enforcement Agents) will attend your property, serve legal notice and remove the illegal occupants and vehicles to get your property back.
Welcome to UK Bailiffs
Your solution for managing unauthorised encampments on your land.
If you're a landowner dealing with the challenges posed by unlawful travellers, trespassers, or rough sleepers, our expert services are designed to restore your peace of mind and control over your land.
We specialise in the legal and efficient removal of these individuals from both private and commercial properties across England and Wales.
Our approach is rooted in the robust framework of Common Law, ensuring that our actions are lawful and effective.
Our team at UK Bailiffs understands the urgency and sensitivity required when addressing the presence of unauthorised occupants on your land.
With over 15 years of experience in this field, we provide comprehensive support that includes initial risk assessments, negotiation, and if necessary, the physical removal of trespassers using no more force than is reasonably necessary.
We pride ourselves on our high success rate and our commitment to ensuring that the process is dealt with professionally and efficiently.
Let us take the burden off your shoulders, allowing you to regain control of your property with confidence and legality on your side.
Procedures and Protocols
UK Bailiffs offers a clear and compliant approach to removing unauthorized encampments. Our team acts swiftly and professionally while ensuring full legal compliance and minimal disruption.
Step-by-Step Eviction Process
1. Initial Consultation
Speak to our team for clear guidance, estimated costs, and answers to your questions.
2. Documentation Preparation
Complete our simple online form. Legal documents are auto-generated and served directly to trespassers.
3. Agent Deployment
Certified Enforcement Agents are dispatched—often within 2 hours
of instruction.
4. Notice Serving & Engagement
On-site, agents serve formal notice, conduct a risk assessment, and engage with the encampment to understand the situation.
5. Strategy Discussion & Action
Based on the situation, we propose and implement the most appropriate strategy:
- Peaceful Eviction: Set a reasonable deadline for voluntary departure.
- Extended Deadline: Offer more time if cooperation is shown.
- Escalation: Deploy additional agents, K9 units, or recovery trucks if needed.
- Full Removal: Complete site clearance as a last resort.
6. Eviction Execution
We act on the agreed plan, ensuring all actions are legal, professional, and cause minimal disruption to your property.
Eviction Options:
Every eviction is different and we offer a proactive bespoke approach. These are the most common options available;
- Option 1: Serve Only: Our agents will serve the legal notice urging immediate vacating, including a risk assessment. This option is straightforward and focuses on immediate action without further involvement unless escalated.
- Option 2: Serve and Observe: After serving the notice, our team will stay on-site, encouraging compliance, and ensuring minimal damage or disruption to your land. This includes ongoing monitoring and risk assessment.
- Option 3: Serve and Return: Serve notice today, with the option to return the next day for eviction if the trespassers have not vacated as required.
- Option 4: Same Day Eviction: Immediate action where we serve the notice and proceed with eviction on the same day, ensuring a prompt resolution.
The Law Relating to Evictions
Landowners in England and Wales — whether private or local authority — have the right to remove trespassers from land via either Common Law or the Court process.
Halsbury’s Laws of England
In 1907, Stanley Bond, publisher of Butterworths Law Journal, commissioned former Lord Chancellor Hardinge Giffard, the First Earl of Halsbury, to produce an authoritative legal reference: Halsbury’s Laws of England.
“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.”
This principle still applies today.
The Role of Enforcement Agents
Enforcement Agents(formerly bailiffs) may lawfully attend land without notice and request trespassers to vacate. If refused, they may evict them immediately — without a court order — using only reasonable force.
Important Exception: If peaceful access cannot be gained (e.g., needing to cut locks or force entry), the Agent cannot proceed with eviction under Common Law.
The standard procedure is:
- Agents attend the site and serve notice.
- A risk assessment is conducted.
- Reasonable time is given for the trespassers to leave.
- If they fail to do so, vehicles and persons may be removed using minimal force.
Reasonable Notice & Force
The term "reasonable" is open to interpretation:
- A landowner might consider "reasonable notice" to mean immediate removal.
- A travelling family might view it as time to find a suitable alternative location.
The standard is judged by a third party with relevant expertise, considering the situation's specifics. Enforcement Agents assess:
- The landowner's needs
- Health and safety concerns
- Welfare of the occupiers
Examples:
- Would it be reasonable to remove travellers at 11pm with sleeping children?
- What if they’re visibly preparing to leave and just need an hour?
Reasonable force also lacks a strict definition — courts assess whether the force used was proportionate.
As guidance, most Agents allow:
- Minimum: 2 hours to vacate
- Typical: Up to 24 hours, if no property damage or disruption occurs
The Benefits of Common Law Eviction
Speed and impact: Agents can attend immediately after instruction. No court order or extended notice is required, making the process faster and often more cost-effective.
The Downsides
There’s no legal recourse if the travellers return the next day. However, this rarely occurs — swift, decisive action usually prevents repeat trespass.
Other Considerations
On land owned by local authorities, the Human Rights Act must be taken into account. Article 8 of the European Convention on Human Rights protects a person’s right to a private and family life.
Where children are involved, liaison with social services may be required to ensure proper welfare, care, and access to services.
Traveller and Trespasser Success Rate (2023-2024)
Below is the total success rate for October 2023 - October 2024 based on 97 evictions
65%
Vacated on Service
(24 hours)
33%
Evicted following
Reattendance (48 hours)
1%
Evicted After 48 hours
99%
Total Success Rate
(Based on Travellers not leaving prior to Enforcement Agents being stood down)
Traveller and Trespasser Eviction FAQs
What is a common law eviction?
A common law eviction allows landowners to remove trespassers, including travellers, from their property without a court order, using reasonable force if necessary, as outlined in Halsbury’s Laws of England (Paragraph 1400). It’s a swift, legal process when trespassers refuse to leave after notice.
Who can carry out a common law eviction?
Landowners or their delegated agents, such as Certificated Enforcement Agents (bailiffs), can perform common law evictions. Using certified professionals ensures legal compliance and safety.
Do I need a court order for a common law eviction?
No, under common law, a court order is not required to evict trespassers from private land, except in cases where access is secured (e.g., locked gates or premises).
What is considered ‘reasonable force’ in a common law eviction?
Reasonable force is proportionate and necessary to remove trespassers, such as escorting individuals or moving vehicles. It must not exceed what’s needed to achieve eviction, and actions like breaking locks are prohibited without a court order.
How quickly can UK Bailiffs respond to a trespasser situation?
UK Bailiffs can deploy Certificated Enforcement Agents to your property within 2 hours of instruction, ensuring a rapid response to unauthorised encampments.
What notice period is required for a common law eviction?
Typically, a 2-hour notice is given, but up to 24 hours may be allowed if trespassers are not causing disruption. The notice is served in writing or posted prominently.
Can I evict travellers from my land myself?
Yes, landowners can evict trespassers under common law, but it’s risky due to legal responsibilities for safety and welfare. Hiring professionals like UK Bailiffs avoids potential liabilities.
What happens if travellers refuse to leave after notice?
If travellers refuse to leave, Certificated Enforcement Agents can escalate the situation, using reasonable force to remove individuals and vehicles, ensuring compliance with health and safety laws.
Are there exceptions to common law evictions?
Yes, if access to the site requires breaking locks or forcing entry (e.g., secured premises), a court order is needed. UK Bailiffs can advise on such cases.
What is the benefit of using common law eviction over court proceedings?
Common law evictions are faster, require no court order, and are typically less costly, reducing damage and disruption to your property.
How does UK Bailiffs ensure a safe eviction process?
We conduct a full risk assessment on-site, comply with the Health and Safety at Work Act 1999, and use only Certificated Enforcement Agents to ensure safety and legality.
Can travellers return after a common law eviction?
There’s no legal recourse to prevent travellers from returning under common law, but swift action by UK Bailiffs deters reoccupation, with a 97% success rate.
What laws govern common law evictions?
Common law evictions are based on the tort of trespass against property, as outlined in Halsbury’s Laws of England, allowing landowners to recover their land.
What role do Certificated Enforcement Agents play?
Our agents serve legal notices, conduct risk assessments, negotiate with trespassers, and execute evictions using reasonable force, ensuring compliance with UK law.
Can police assist in common law evictions?
Police may be informed to prevent breaches of the peace but typically view evictions as a civil matter unless the Police, Crime, Sentencing & Courts Act 2022 applies.
What if children are present at the encampment?
If children are present, UK Bailiffs liaise with social services to ensure their welfare, especially on local authority land, per the Human Rights Act (Article 8).
How is a common law eviction notice served?
Notices are served to an adult on-site or fixed in visible locations if no adult is present, specifying a time (usually 2–24 hours) to vacate.
What are the risks of using excessive force?
Excessive force can lead to criminal charges under the Public Order Act 1986 or civil liability for the landowner. UK Bailiffs ensures only reasonable force is used.
Can common law evictions be used on local authority land?
Yes, but the Human Rights Act (Article 8) must be considered, and liaison with social services may be required, especially if families are involved.
What equipment does UK Bailiffs use during evictions?
Our agents use body-worn video, stab vests, and may arrange tow trucks or security units, ensuring safe and documented evictions.
Why should I avoid paying travellers to leave?
Paying travellers can mark your property as an easy target, increasing future incursions. UK Bailiffs advises against this and offers professional eviction services.
How does UK Bailiffs ensure legal compliance?
We adhere to the Criminal Justice and Public Order Act 1994, Civil Procedure Rules, and other UK laws, using only Ministry of Justice-certified agents.
What is the success rate of common law evictions?
UK Bailiffs achieves a 97% success rate with common law evictions, with most travellers leaving after notice due to our professional approach.
Can common law evictions be used for squatter encampments?
Yes, common law applies to all trespassers, including squatters, but squatting in residential buildings may be a criminal offence under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
How long does a common law eviction take?
The process can be completed within hours, with agents on-site within 2 hours and eviction executed after a 2–24-hour notice period, depending on circumstances.
INSTRUCTION FORM
Completing the form does not constitute a contract or acceptance of the instruction.
Once submitted, we will email you for acceptance and then we will begin the process.
We may also request further details as part of our due diligence procedures. If you have any questions in relation to the instructions, please email us HERE or phone 03301331818
