Enforcement
Removal of Rough Sleepers / Tents
Generally there are 4 ways to deal with eviction proceedings and they are;
Common Law Powers
The Common Law powers are often seen as the fastest and most cost effective method to recover land. This can be used by any landowner to recover land GRC have completed thousands of evictions under this power for private landowners and local authorities. Generally speaking this is the preferred route initially and with a plethora of advantages to the other methods it is the most common method used by GRC. There are some occasions when this is not necessarily the most applicable when the other options below may be used.
Part 55 Civil Procedures Rules
This is typically the method used to recover the land when a client would prefer to get the courts involved. This may be due to an ongoing dispute over the land or when the trespassers have become more established on site and further resource may be required to evict. It can be much slower than other methods but ultimately provides the backing of the court. Whilst not necessarily the most efficient method to eviction GRC acknowledge that it has a time and a place and have established a fast and efficient route involving both our solicitor and High Court Enforcement Office HCEO to ensure we can quickly take control of any case that requires this method of eviction.
Section 77-78 Criminal Justice & Public Order Act 1994
This route to eviction is available only to local authorities, it can be used on private land but only when used by the local authority so in reality it is unlikely that a private landowner would be able to utiise this power. Local authorities can use this power and only need to involve the court if the campers do not vacate after being served the Section 77 notice. It makes it slightly more efficient than the County Court route and enables private bailiffs such as GRC to carry out the eviction on their behalf.
Section 61-62 Criinal Justice & Public Order Act 1994
This is a police power and can only be enforced by the police. The police will use their discretion on when this power will be used and it may not always be based on the criteria that the landowner would like. Often the scarce resources of the police mean they are reluctant to use this power and they will often prefer that a landowner will use one of the methods above to evict trespassers. Different police forces around the country use this power differently and usually prefer to attend evictions only to prevent a breach of the peace than to take an active role.
GRC have carried out thousands of evictions and have amassed a huge amount of experience when dealing with evictions in any of the above methods. You and your clients can relax knowing that the issue will be dealt with professionally.
GRC have been carrying evictions for nearly 30 years and have a wealth of experience and knowledge in this field. GRC were one of the first companies to establish set protocols when it comes to evictions of unauthorised encampments.
With a mixture of Military, Police & Civilian background GRC are equipped for all tasks and take on each job with a wealth of knowledge and experience to ensure the correct route is taken to recover land on behalf of their clients.
Our approach to evictions of rough sleepers is not dissimilar to the process of eviction for more typical evictions.
It can be advantageous to use a Notice in advance of any enforcement attendance this is because often with an encampment comprised of tents there is not always someone on site and so to give advanced warning often goes in favour of a smoother eviction.
During the initial visit we would then liaise with the client about the most appropriate way forward.