Traveller Evictions How Does The Legal Process Work?

Spotting unauthorised travellers on your land triggers a chain of legally defined actions. Immediate documentation and a correctly served trespass notice set the process in motion.

1. Verify that the occupants have no consent or licence to stay; a quick walk‑around confirms the breach.
2. Record the situation with time‑stamped photos, video, and a written log of dates, numbers, and any visible damages.
3. Alert local police if there is an imminent safety risk, vandalism, or assault - officers can intervene without a court order only in those circumstances.
4. Draft a written trespass notice that names the travellers, describes the land, and gives at least 14 days to leave, as required by official guidance on serving a trespass notice.
5. Serve the notice in person or by recorded delivery, keep proof of receipt, and note the exact delivery date for future court proceedings.
6. Preserve all evidence and correspondence; the next section explains how to handle the notice correctly and avoid procedural pitfalls.

Serve Your trespass notice correctly - the law requires personal delivery or placement where the travellers can actually see it. Under sections 61‑62 of the Criminal Justice and Public Order Act 1994 the notice must contain the landowner's name, a clear demand that the travellers vacate, and a deadline (usually 24 hours). Hand it to the individual, leave it in a visible spot on the site, then record the act with a photo or a witness statement; postal or recorded‑delivery methods do not satisfy the statutory test (as we covered above).

Once the trespass notice meets these strict criteria, the next move is to seek a police‑enforced removal notice or a court‑issued removal order under the Anti‑social Behaviour, Crime and Policing Act 2014. This order compels the travellers to leave and allows police assistance; it is not a 'possession order,' which belongs to landlord‑tenant disputes.

Proper service therefore unlocks the legal tool that makes an eviction enforceable without further delay. Criminal Justice and Public Order Act 1994, s 61‑62

Police will only remove travellers when the law gives them authority to act. That authority hinges on a properly served trespass notice that has been breached, a court‑issued possession order, or an imminent breach of peace that requires immediate police intervention.

• A valid trespass notice, served as described in the 'serve your trespass notice correctly' step, and documented breach allow officers to enforce removal on the spot.
• A possession order from the courts empowers police to execute the eviction and ensure compliance.
• An imminent risk of violence, serious public safety danger, or substantial property damage permits police to act under common‑law powers, but they must still rely on a notice or order afterward.
• In the absence of any of these triggers, police will refuse to carry out a private eviction and will direct the landowner to obtain a court order.
• Should travellers resist, officers may issue a warning and refer the matter to a magistrates' court for a breach‑of‑peace summons, paving the way for enforcement under the next section on drama‑free evictions.

• After a correctly served trespass notice, file a claim for a possession order at the County Court; the judge will weigh any statutory entitlement the travellers might have under the Caravan Sites and Control of Development Act 1960 before granting relief.
• Secure the court's possession order together with a warrant; bailiffs may not act without both documents, and the order alone does not permit forced entry.
• Arrange for bailiffs to attend with the warrant, and advise local police to stand by; police presence ensures removal proceeds peaceably and complies with the law.
• During the bailiff visit, hand over the warrant, confirm the travellers' belongings have been accounted for, and let the officers oversee any resistance.
• Once occupants have left, change locks, install obvious 'No Trespass' signage, and record the site's condition; these steps reduce the risk of repeat trespass and feed into the upcoming 'pursue court possession order swiftly' section.

A court possession order comes fastest by filing a standard possession claim once the trespass notice has been properly served. Accelerated possession under Part 55 applies only to assured‑shorthold tenancies with a valid Section 21 notice; travellers who are unlawful occupiers or licence holders must follow the ordinary claim route, which typically stretches beyond a two‑week window.

Key steps for a swift claim

• Gather the claim pack: complete form N5, attach proof of title to the land, include a copy of the served trespass notice (if used), and provide any licence or tenancy documents that show the travellers' lack of legal right.
• Submit the pack to the County Court and request a fast‑track allocation (eligible for claims under £10,000); the court will schedule a first hearing within a few weeks.
• Attend the hearing; if the judge is satisfied the travellers have no defence, a possession order is issued, usually setting a surrender date 14 - 21 days after judgment.
• Apply for a warrant of execution once the order is granted; bailiffs may enforce the order only after the warrant is issued and the surrender date has passed.
• Keep detailed records of service, filing, and court correspondence; these will be crucial if the travellers raise a procedural challenge.

With the possession order secured, the next section explains how travellers may contest the order and what safeguards to anticipate.

Travellers may contest a trespass notice or a possession order by asserting that procedural rules were breached, that the notice period falls short of the statutory minimum, or that eviction interferes with their right to respect for private and family life under Article 8 of the Human Rights Act. The Criminal Justice and Public Order Act 1994 sets a minimum 7‑day notice period for a valid trespass notice, and the notice itself creates the landlord's right to possession; no extra justification is required beyond proper service and compliance with the Civil Procedure Rules.

Typical challenges include: claiming the notice was served with fewer than seven days' warning, alleging that service was ineffective because the traveller was not personally handed the document, invoking Article 8 to argue that eviction would be disproportionate, and demanding that the magistrate dismiss the order due to a technical filing error.

Courts generally reject the 'insufficient notice' argument when the notice meets the 7‑day threshold, validate possession when service is proven - often through affidavits or postal receipts - and weigh human‑rights claims against the landlord's entitlement to recover land. A flawed service record may prompt the magistrate to pause or set aside a possession order, but it does not automatically guarantee a reversal.

The sure way to dodge expensive setbacks is to serve a proper 14‑day notice to quit before chasing a possession order. Skipping this statutory step or altering the period invalidates the notice and stalls the whole process, as we covered above.

Accurate records seal the deal. Log the date of service, method of delivery, and any traveller response. Mistakes - like citing 'site conditions' for a different timeframe - invite costly delays and give the occupier a solid defence at the hearing.

Only after the court grants a possession order may enforcement begin; sending bailiffs beforehand breaches the law and wastes money. Follow every procedural tick‑box, then let the court's order do the heavy lifting. For full details, see the guidance on evicting unlawful occupiers.

• Police, Crime, Sentencing and Courts Act 2022 lets police arrest and remove anyone trespassing on a designated 'protected site' after a written trespass notice; a court possession order still governs a full eviction.
• 2023 revision of the Civil Procedure Rules (CPR Part 55) standardises a 14‑day notice before a possession hearing, cutting waiting times for landowners.
• Recent Equality Act case law (2022‑2023) demands owners prove that a blanket trespass notice pursues a proportionate aim, otherwise tribunals may deem it indirect discrimination against ethnic travellers.
• 2023 guidance under the Environmental Protection Act 1990 classifies material left after an eviction as controlled waste, obliging landowners to employ a licensed waste carrier.
• 2024 clarification of the Criminal Justice Act 2003 confirms that existing harassment provisions cover false trespass accusations, but no traveller‑specific offence was added.

When a winter emergency endangers health or safety, the fastest lawful route is a fast‑track possession order under CPR Part 55.

Proper legal route - After serving a correct trespass notice, file an emergency possession claim citing genuine risk of serious injury (e.g., hypothermia from exposed campers). The court can grant a possession order within days; once issued, police may enforce removal, but only under the court's authority. This process respects the Housing Act 1988 and avoids unlawful detention.

Common shortcut - Some landowners call the police directly, hoping for an immediate eviction. Without a possession order, officers lack power to act; attempting removal can breach the travellers' civil rights and expose the landowner to damages. The police will not intervene unless a court‑issued order is in place. (CPR Part 55 fast‑track guidance)

Secure a civil injunction the moment a traveller returns after a possession order. The court can bar re‑entry, and bailiffs enforce the ban under a written exclusion zone. Simultaneously, trigger police powers granted by the Police, Crime, Sentencing and Courts Act 2022, which authorises fixed‑penalty notices for unauthorised encampments (see Police, Crime, Sentencing and Courts Act 2022). Record every breach, photograph the site, and keep copies of all notices; solid evidence shortens future hearings, as we covered above.

Activate the injunction by arranging bailiff attendance once the court order is final. Bailiffs place a notice on the land, monitor the perimeter, and can remove anyone violating the ban without further police involvement. Consider registering a public spaces protection order if the land neighbours a public area, giving officers additional authority to issue penalties. Maintain the documentation trail for any repeat offence; a consistent record makes subsequent enforcement swift and proportionate.

After an eviction, clear the site of debris and lock down any structures to prevent re‑occupation. Take photos of the property before hauling rubbish, then log every item left behind for record‑keeping (as we covered above). Contact a licensed waste contractor to dispose of tents, fire pits, and broken glass within the legal 28‑day hold period. Repair broken fences, replace missing gates, and re‑install padlocks on sheds, ensuring the trespass notice remains posted. Turn off or meter water, electricity, and gas to avoid accidental usage and to protect against fire hazards.

Store any personal belongings recovered from travellers in a secure, climate‑controlled unit for the statutory 14‑day retention window before disposal. Conduct a brief walkthrough with a neighbour or security guard to confirm no hidden entry points remain, then schedule a final check with the local council if required. Update the property's insurance file with before‑and‑after images and receipts to simplify any future claim (see UK guidance on unauthorised camping site clean‑up).