Eviction of Trespassers from Commercial Property and Land
Having trespassers occupying a client’s premises or land can be very stressful if not costly. Especially when having to make good the damage caused by the squatters and trespassers, in order to re-let and re-use the premises or land for its rightful and intended use.
We can solve the challenges presented by helping landlords to invoke their common law rights to the Tort of Trespass* in order to return the land or property back to the rightful owner.
Instruct us via the online warrant to ensure removal of trespassers and illegal occupants from commercial properties. This includes commercial squatters and fly traders operating from empty retail premises as well as unauthorised trespassers and occupiers of industrial and agricultural land.
For each scenario Elliott Davies Court Enforcement Services makes available to the client our team’s knowledge bank and experience, to provide the appropriate strategy.
First Time – New Client?
If you are unfamiliar with the legal process and have any questions or would like further information on our Eviction of Trespassers Services we are on hand to help.
Eviction of Commercial Squatters, Fly Traders and Trespassers
On completion of an online Warrant or it being emailed/faxed to Elliott Davies Court Enforcement Services, even though the squatters are in situ, we will promptly and peaceably enter the premises with our services contractors. On taking control of and switching off the services, boarding up the windows, changing the locks, we will then restore complete control of the property to the landlord or managing agent.
Trespassers – Illegal Occupants on Land
Again using common law remedy, on receipt of the warrant, Elliott Davies Court Enforcement Services will manage the project on your behalf. Our agents will attend the site and;
- undertake a comprehensive risk assessment
- serve notice of the eviction to the trespassers (usually scheduled for the following day)
- notify the police, as to be available to prevent any possible breach of the peace being committed by the trespassers
Our operatives are excellent communicators and negotiators, ensuring that a clear explanation of the consequences of remaining on site is provided. However should the trespassers refuse to vacate the land as directed, Our Enforcement Agents will re-attend to facilitate their removal.
On receipt of your instructions, Elliott Davies Court Enforcement Services will act promptly. Provided that the online warrant is received, faxed or emailed before noon, we can undertake this action on the same day of receipt of the warrant.
Tort of Trespass
The person who is entitled to procession may request a trespasser to leave and if the Trespasser refuses, may remove him from the land, using no more force than is reasonably necessary. However, if the force used in turning out the trespasser is excessive the person who used the force himself commits a trespass upon the person of the person removed.
The party in possession may use reasonable force to resist wrongful entry by the trespasser e.g. by erecting fences and putting on barbed wire fences. In cases of security dogs, he should have control over it and notify people about a dog in every entrance.
CCJ – High Court Enforcement Option
Should you have a High Court Writ for Possession or a County Court Order Possession we can implement this on your behalf.
If you have a County Court Order for Possession, (CCJ), our fast and free transfer-up service to High Court Enforcement is available. As soon as we receive your instruction via our Online Form to transfer up, authorising our High Court Enforcement Officer (HCEO), we guarantee immediate acknowledgement, as well as fast and effective service.
NB: Late payment charges will be applied on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (As Amended).