As a private of local authority landowner, you may remove travellers from your land either under Common Law or by using a writ of possession.
Government guidance to local authorities is that they should go through the courts, rather than use Common Law. If the removal of travellers is to be from a licensed traveller site, a court order is required and Common Law may not be used.
Our partners at the National Eviction Team
The National Eviction Team is part of the same group of companies as The Sheriffs Office. They are protester, squatter and traveller removal experts and we work together to undertake specialist evictions.
We can evict on behalf of government bodies, local authorities, and utilities companies as well as lawyers acting on their behalf where occupiers remain after there has been a compulsory purchase order issued.Find out more about the National Eviction Team
Writ of possession
To evict under a writ of possession, you will first need to obtain an order for possession and then the writ, which can be made against "persons unknown". This is then executed as soon as possible by our nationwide team of High Court Enforcement Officers.
Whilst there is no requirement for the HCEO to warn the trespassers of impending eviction, it is good practice to do so, as this will enable him to undertake a health and safety risk assessment and determine whether any special equipment or support is required. At his point he may also determine whether it would be wise to notify the police, so that they can be on standby if there is a breach of the peace during the actual eviction.
If you had agreed to let the persons on your land stay as long as they pay rent, if they default on that rent, you can sue for the rent arrears at the same time, using a combined writ. However, you will need to name the individuals in the writ in this case.
Evictions under Common Law are normally carried out by Certificated Enforcement Agents (previously called certificated bailiffs).
Using our nationwide team of Certificated Enforcement Agents, we will serve eviction notices, giving a maximum of 24 hours to vacate the site, and will return the following day to ensure they have left.
If they remain, our team, along with removal vehicles, tow trucks and the Police, if necessary, will remove them, restoring the land back to its rightful owner.