Evicting Trespassers in England: Legal Steps and Process

Trespassing occurs when someone unlawfully enters or remains on another person's property without permission. In England, trespassing is a civil offence rather than a criminal offence, meaning it's usually resolved through civil procedures rather than criminal charges.

Assess the Situation

Before taking any action, assess the situation carefully. Determine whether the individuals on your property are indeed trespassers and not lawful occupants or tenants. If you're unsure, seek legal advice to avoid any potential complications.

Serve a Notice

The first step in evicting trespassers is to serve them with a notice to leave the premises. This notice should clearly state that they are trespassing and provide a reasonable deadline for them to vacate the property voluntarily.

The content of the notice should include:

• Clear identification of the property in question.

• A statement indicating that the individuals are trespassing.

• The date the notice is issued.

• A reasonable deadline for the trespassers to vacate the property voluntarily.

• Any legal consequences that may result from failure to comply with the notice.

Seek a Possession Order

If the trespassers refuse to leave after being served with a notice, you'll need to seek a possession order from the court. This involves filing a claim for possession with the county court within the district where the property is located. You may need to provide evidence of your ownership or right to possession of the property.

Attend Court Hearing

After filing the claim, a court hearing will be scheduled where both parties can present their case. If the court grants the possession order, it will specify a date by which the trespassers must vacate the property. In some cases, the court may also grant an interim possession order for immediate eviction.

Enforce the Possession Order

If the trespassers still refuse to leave after the possession order is granted, you may need to enlist the help of court bailiffs or High Court Enforcement Officers to enforce the order. They have the authority to remove trespassers from the property and ensure compliance with the court's decision.

Conclusion

Evicting trespassers in England involves a structured legal process that requires adherence to specific steps and deadlines. By following the proper procedures, you can effectively regain possession of your property and protect your interests.