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Does the council have an obligation to move Gypsies or Travelers when camping without the permission of the property owner in Cheltenham?
Not at all.
Authority to remove tenants or gypsies if they have occupied a land whose owner is the council in Cheltenham, Shurdington, or Bishop's Cleeve is with the council, but in case they have occupied private land in Gloucestershire, the council cannot remove them.
First, tell them that you are the owner of the property.
Find out their reason for being there in Cheltenham, Gloucestershire, and how long they intend staying.
Evaluate whether they cause a disturbance in Cheltenham.
You can get in touch with the Gloucestershire County Council in case the visitors have camped on a right of way or highway in Cheltenham.
It's also advisable to speak to your solicitor about the situation and get informed about possible legal costs in the future.
Many families from amongst the travellers and gypsies are amicable and enjoy talking to members of different communities in Gloucestershire.
Keep in mind, though, that they may be open-minded at first, but face a lot of racism and intolerance.
If you feel like negotiations are not going well, leave the discussion for the time being and seek advice from Denbigh Franks.
Whenever good relationships are initially, property owners in Bishop's Cleeve, Cheltenham, or Shurdington are likely to permit small groupings to camp for a while in the event that they stay peacefully.
Some community members in Cheltenham welcome the contribution of Gypsy and Traveller culture even if just for a short time.
However, occupying an area of land in Gloucestershire for a long time will need authorization from the City Council.
Usually, you will be advised by your solicitor to seek possession in Cheltenham in the civil court as stipulated in Part 55 of the Civil Procedure Rules.
The following steps will be included:
Discussing the vacation of the unauthorised occupants in Cheltenham
Issuance of court summons in Gloucestershire
Filing case in Cheltenham for seeking possession in the Civil Court
Serve the possession order you obtained in Gloucestershire
Execute a warrant for possession using the Denbigh Franks county court bailiffs
In most cases, once you serve the Cheltenham Gypsies and Travellers a possession order from the county court, they would leave immediately.
In some cases, you can get privatized bailiffs from Denbigh Franks to get rid of unwanted occupiers of your land in Cheltenham.
Remember that you need at least 2 days in between the service, documents and court hearings in case the proceedings in Cheltenham are instigated in Gloucestershire court following the 1988 Civil Procedure Act to apply for an eviction notice.
You should try to first check the cost since solicitors in Cheltenham charge different fees.
Rubbish disposal in Cheltenham, Bishop's Cleeve, or Shurdington will be at your own expense, but if you prefer, Denbigh Franks can give you a job quote.
Trespassing being a civil offence and not a criminal offence, the Cheltenham police can only visit the reported sites.
It is the responsibility of the Gloucestershire landowner to stop intrusion and to take out unwarranted occupiers as there is no involvement of the police.
The Gloucestershire police carefully evaluate each incident in Cheltenham involving unauthorized camping and act proportionately according to the guidelines of the Department of Communities and Local Government and Home Office.
However, if the criminal activity is observed by the traveller and other trespassers in Bishop's Cleeve, Cheltenham, or Shurdington, the police can act on it and have the power to stop the criminal activity.
When the activities of the group violates the 1994 Criminal Justice and Public Order Act, the police can also evict gypsies and travellers from such land in Cheltenham.
Officers in Gloucestershire can use powers under Section 61 of the Criminal Justice and Public Order Act 1994 in certain circumstances where the Cheltenham Gypsies/Travellers have with them six or more vehicles.
However, if the crime is serious or there is a public nuisance that cannot be resolved in Cheltenham, these powers need to be exercised where the land trespassing is an applicable factor.
However, the Gloucestershire police should adhere to the regulations as stipulated within the Act of Human Rights and will be prevented from applying Sec. 61 of the Criminal Justice and Public Order Act 1994 in circumstances where violation of human rights is witnessed in Bishop's Cleeve, Cheltenham, or Shurdington.
If the landowner in Cheltenham does not take the appropriate action to remove the Gypsies or Travelers, what is the Gloucestershire council going to do?
The council will carry out proceedings against the landowner in Cheltenham that require removal of the unauthorised encampment in Gloucestershire if the landowner is failing to comply with any planning or licence requirements.
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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.