Landlord Advice UK Tenant Eviction Service For Landlords

Gypsies and Travellers

Evicting gypsies and travellers who are occupying land without permission involves navigating both civil and criminal law. Landowners also have limited rights under common law to remove trespassers directly. This guide outlines the legal options and considerations for evicting unauthorised occupants in England.

Trespassing: Civil and Criminal Considerations

If someone is on private or public land without permission, they are committing the civil tort of trespass. Trespassing is not a criminal offence unless specific public order issues arise, such as violence or harassment.

Common Law Rights of Landowners

Under Halsbury’s Laws of England, landowners have a common law right to remove trespassers using no more force than is reasonably necessary. This right allows landowners to take immediate action without court intervention. However, there are important considerations:

• Reasonable Force Only: Excessive or disproportionate force could result in civil or criminal liability for the landowner.
• No Breach of the Peace: Landowners must avoid actions likely to provoke a breach of the peace.
• Recommended Caution: While legally permissible, exercising this right can be risky and should generally be undertaken with professional assistance, such as engaging bailiffs.

Evicting Trespassers Through Civil Proceedings

If the landowner does not wish to exercise their common law rights, they can take civil action to remove trespassers.

Steps to Evict Using Civil Proceedings

1. Issue Proceedings for a Possession Order:

   • File a claim in the County Court or High Court to obtain a possession order.
   • If necessary, seek an injunction to prevent future trespass.

2. No Requirement to Give Notice:

   • Landowners are not required to notify trespassers before initiating court proceedings.

3. Possession Orders and Injunctions:

   • A possession order applies only to the land currently occupied.
   • Injunctions can cover other parts of the land to prevent future encampments, as affirmed by the Supreme Court in Secretary of State For Environment, Food and Rural Affairs v Meier and others [2009] UKSC 11.[1]

Using Criminal Law to Evict Trespassers

The Criminal Justice and Public Order Act 1994 (CJPOA) provides additional powers for dealing with unauthorised encampments when public order or safety concerns arise.

Local Authority Powers (Section 77 CJPOA)

Local authorities can issue directions requiring gypsies or travellers to vacate land if they are living in vehicles on:

• A highway.
• Unoccupied land, even if they are not causing a nuisance.
• Occupied land, where the occupier has not given permission for residence.

If the direction is not complied with, the local authority can apply to the Magistrates’ Court under Section 78 CJPOA for an order to remove the trespassers.

Police Powers

The police may act if:

• Trespassers fail to comply with a local authority direction.
• Public order offences such as violence, harassment, or criminal damage occur.

Preventing Future Occupation

Landowners and local authorities can take measures to prevent recurring encampments:

1. Injunctions: Secure court orders prohibiting future trespass.
2. Physical Security: Install barriers, gates, or fencing to deter access.
3. Signage: Clearly mark land as private property with “no trespassing” signs.

Eviction in England Only

This guidance applies exclusively to England, as housing and trespass laws differ in Wales, Scotland, and Northern Ireland.

Key Considerations for Landowners

1. Exercise Caution with Common Law Rights:
   While landowners can remove trespassers using reasonable force, it is often safer and more effective to rely on court orders or local authority assistance.

2. Legal Compliance:
   Ensure all eviction actions comply with civil and criminal law to avoid liability for unlawful eviction or harassment.

3. Human Rights:
   Landowners must ensure their actions respect the Human Rights Act 1998, which protects individuals from inhumane or degrading treatment.

Contact Landlord Advice UK for Expert Guidance

If you are dealing with trespassers, gypsies, or travellers on your land, Landlord Advice UK can help. Our team provides:

• Assistance with obtaining possession orders and injunctions.
• Guidance on using common law rights safely and legally.
• Strategies to prevent future unauthorised encampments.

Contact us today for professional advice tailored to your situation.

---

[1] Secretary of State For Environment, Food and Rural Affairs v Meier and others [2009] UKSC 11.
[2] Halsbury’s Laws of England, Trespass.