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Check your rights in Deritend, Acocks Green, or Balsall Heath and understand where you may need to get help if you are about to be evicted from either an unauthorized or an authorized encampment in Birmingham.
Most Gypsies or Travellers living in mobile homes or caravans stay on authorised permanent sites in Birmingham owned by a Council or housing association or Private site owner.
Bear in mind that you may only be evicted from a lasting location in West Midlands in the event that the owner in Birmingham has sufficient ground and requests an eviction order from court.
Site owners in Acocks Green, Balsall Heath, or Deritend can evict you if:
Pitch fees has not been paid in Birmingham
Don't maintain your mobile home or caravan in West Midlands
Unbecoming behaviour in Birmingham
If you don't live on your mobile home in Birmingham predominantly, you may be evicted as well.
However, you will be permitted to roam/travel by most council sites in West Midlands for several weeks each year.
Before you can get an eviction order in Acocks Green, Balsall Heath, or Deritend, the site owner in Birmingham must show that:
They've given you notice and a reasonable time to put things right
You have breached the deal for a time
The court in Birmingham will then set up a hearing to look into what happened.
You can come to the hearing in West Midlands accompanied with your solicitor or attorney.
The West Midlands court analyses the case and draws a verdict regarding whether to end the contract and call for your removal in Birmingham or otherwise.
The councils have made many moving sites in Acocks Green, Deritend, or Balsall Heath available for travellers and gypsies.
If you obtain a pitch in that transit site in Birmingham, you can live there in your caravan for three months.
Your rights to remain on the land in Birmingham can be terminated by the council in West Midlands in the absence of a court order, you would be provided with 4 weeks' formal notice.
You can also lose the right to stay on the site in Birmingham if you no longer abide by the terms of the agreement.
In that case, you will get a notice of what you did wrong and a reasonable amount of time to settle the issues.
Approved transit and permanent sites are limited everywhere in Birmingham.
You may have to buy your own land in Deritend, Acocks Green, or Balsall Heath and you need to obtain a site license and a planning permission before you can start parking your caravan and camping there.
If you lack these things i.e. permission and license, then a legal action can be taken by the West Midlands council to stop you or someone else from living on land in Birmingham.
The council could:
Give you a Notification of Compliance in Birmingham
Apply for a court order to take you off the land in West Midlands
If the council does not instigate an enforcement process, you may keep on living on the land in Birmingham.
Its called development that is unauthorised and tolerated.
An unauthorized campsite in Deritend, Balsall Heath, or Acocks Green means parking up and staying in your caravan in a place where you are not legally allowed to, including:
Roads, junctions, lay-bys in Birmingham
Agriculture and other private land in West Midlands
Wasteland or parks or forests in Birmingham
Negotiated Stopping In West Midlands's Birmingham
In some places in Birmingham, you can agree to a negotiated stop instead of leaving the location immediately.
This means that one will accept some terms e.g. not lighting the fires or discarding trash on the premises in Acocks Green, Deritend, or Balsall Heath.
You would be granted a temporary stay for about one month by the council in West Midlands.
If you want to take advantage of this, visit the council and contact a traveller or a gypsy liaison officer.
In case you fail to vacate when told to do so, either the police or council in Birmingham will:
Serve you formal notice to evict the land in Birmingham
Ask for a removal order from the magistrates' court in West Midlands
Before you're offered a specific path to leave, the interests of any kids on site in Acocks Green, Balsall Heath, or Deritend should be remembered.
You can be charged with a criminal offence if you do not exit the area in Birmingham after being given a formal order.
You may find yourself being put in prison, fined, and having your mobile home impounded.
If you can prove that you were unable to move on even from Birmingham after the order due to severe illness, breakdowns with mechanical parts, or other types of emergencies, then you can defend yourself.
If you don't have a place to legally park your caravan in West Midlands, you'd be considered homeless.
Look for advice from the local authority if you are homeless or risk eviction in Birmingham within the ensuing 8 weeks.
Based in Birmingham, working nationwide
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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.