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Does the council have the authority to remove travellers or gypsies when they have settled on a land in Redditch without permission from the landowner?
No is the answer.
In case gypsies or travellers decide to camp on public property in Dunnington, Alcester, or Cladswell, the council is permitted to evict them, but, the council is not allowed to get them out in the event that they have occupied a private property in Worcestershire, and the landlord has full responsibility to eject them.
The foremost thing that you need to do is to talk to gypsies and travellers.
Also, ask them the reason for being there and the time frame they are hoping to stay in Redditch in Worcestershire.
Run an assessment to determine whether there is a cause of the disturbance in Redditch.
Get in touch with the local council in Worcestershire right away if their camp has extended to a highway or a right of way in Redditch.
You should inform your solicitor as well and ask about the legal cost you may incur if you wish to evict the travellers.
Many travellers are open to the chance to talk to other members of the local population in Worcestershire.
You should be aware that because they face a lot of opposition and racism, they would thread cautiously and not be willing to talk to anybody.
But if things worsen, stop the discussion temporarily and seek Denbigh Franks's advice.
Some landowners in Alcester, Dunnington, or Cladswell are happy to allow small groups to stay where good relationships are established early and no major problems arise.
Some Redditch landowners appreciate the travellers' contributions to their community and commerce, although this may be temporary.
But permission from the City Council will be needed if a portion of land is occupied for a longer period of time in Worcestershire.
Most likely, your solicitor will advise you to seek possession in civil courts in Redditch under Part 55 of the Rules of Civil Procedure.
It involves the following:
Asking the travellers to leave your Redditch property
Providing these gypsies in Worcestershire with the court orders
Requesting for an ownership notice from court in Redditch
Serving in Worcestershire, if necessary, the possession order
Execute a warrant for possession through the county court bailiffs from Denbigh Franks
In most cases, they usually leave a property in Redditch once they are served an order.
In some exceptional circumstances, illegal trespassers can be removed from your property in Redditch by enlisting the services of bailiffs from Denbigh Franks, even in the absence of a possession order.
Please note that there must be a minimum of two days between service of papers and the court hearing when proceedings in Redditch are undertaken in the Worcestershire county court to obtain a court order for eviction under the Civil Procedure Rules 1998.
You'd have to discuss the costs with your Redditch solicitor as they are going to charge a specific fee for their services.
Rubbish disposal in Alcester, Dunnington, or Cladswell will be at your own expense, but if you prefer, Denbigh Franks can give you a job quote.
It is instructed to the police to pay a visit to any reported site in Redditch, but entering without permission led under civil offence, and not under criminal offence.
The Worcestershire landowner is responsible for preventing trespass and removing unauthorized occupiers as police are not involved.
Worcestershire Police in will always assess every situation of unauthorized camping in Redditch carefully and will take the appropriate action as stipulated in the guidelines of the Department for Communities and Local Government and Home Office.
The authority to take our gypsies or travellers from a portion of land in Alcester, Cladswell, or Dunnington lies with the police if there is any report of criminal activity but a proof will be needed from you as the owner of the land.
If the group behaviour of the Travellers in Redditch is going against the Criminal Justice and Public Order Act 1994 then the police can use its power to evict the travellers from the land.
Officers in Worcestershire can use powers under Section 61 of the Criminal Justice and Public Order Act 1994 in certain circumstances where the Redditch Gypsies/Travellers have with them six or more vehicles.
These powers will only be applied in situations of public disorder or severe criminality in Redditch, which normal criminal legislation cannot address and trespassing is considered.
The Human Rights Act stops police in Worcestershire from using Section 61 of the 1994 Criminal Justice and Public Order Act when welfare rights in Dunnington, Alcester, or Cladswell are not included by the civil courts.
If the owner of the land in Redditch does not take any action to expel gypsies or travellers then what happens with the Worcestershire council?
The authorities may take proceedings against the Redditch landowner if you breached any license or planning requirements and this may require the removal of all illegal structures, including unauthorized encampment in Worcestershire.
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If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.