Removal of Travellers – Options
Trespass is a civil offence and not generally a criminal offence, unless there is a threat to public order. If the encampment is on private land, then the landowner has a number of options available. These range from appointing solicitors and involving different routes to the courts, where legal as well as enforcement fees will be incurred.
Our Cost Effective Alternative
A popular alternative option for landlords and their representatives, is using a common law remedy by directly instructing a court enforcement company such as Court Enforcement Services. This option means that the landlord doesn’t require a court order – so avoiding legal fees.
Under common law, landowners can invoke their common law rights to the Tort of Trespass to remove trespassers from their land. The main advantages of the common law process are:
- the speed in which the removal can take place
- avoiding delays and lengthy proceedings
- significant cost savings by not incurring legal fees
Our Enforcement Agents have a great deal of experience in dealing with Travellers. As a result on most occasions the removal of travellers and the site will be cleared within the prescribed time period. Our operatives are excellent communicators and negotiators, ensuring that a clear explanation of the consequences of remaining on site is provided. Should the trespassers refuse to vacate the land as directed, our Enforcement Agents will re-attend to facilitate their removal.
Court Enforcement Services manages the whole tresspass/travellers eviction process on behalf of the Landlord.
How We Work
Via our Certificated Enforcement Agents, we attend the site and serve a common law notice informing the travellers to leave within a specified period – usually scheduled for the following day.
At this stage we also carry out a comprehensive health and safety risk assessment in accordance with health and safety law.
Police will be notified, to be available in they are required to prevent any possible breach of the peace being committed by the trespassers.
Specialist Enforcement Evictions – Largescale Encampments
Court Enforcement Services provides specialist enforcement removal teams to work under the harshest of conditions, which involve public order situations. The teams are experienced and trained to enter buildings and gain access to land to remove squatters and trespassers including protesters & travellers.
Our company is uniquely placed to offer and quickly deploy response teams across England and Wales.
Common law, Section 61 of the Criminal Justice Act, states that landowners have the right to remove travellers from their land using ‘reasonable force’ if required. You do need to have Certified Enforcement Agents involved in the process to ensure it is legal and correct.