If you reside in a Gypsy or Traveller site that the owners manage in private in Hackney, Kensington and Chelsea, or Islington, your rights hang upon the type of place it is in London, and if it is protected with planning permission and a site license.
If you live on a site that is protected, you will have more rights than others living in an unprotected place in London and have more rights against eviction in Greater London.
If you reside in an unsecured location in London, it means the site has no planning permission and a site license so without a site license, you have limited rights in Greater London, and the owner of the site can evict you instantly.
If site owners want to evict you, as a Common Law tenant in Hackney, Kensington and Chelsea, or Islington, you have some rights like a four weeks' notice, however, you may not be able to insist on this right in London.
If you enter private property in London and park there without any permission of the property owner/tenants, also called legal occupiers, or the owner can evict you legally.
I should let you know that the landowner may not know you are living in their land unless somebody protests about your encampment in Greater London.
You may meet the London property owner to discuss the requirements for living there legally with them, for instance, if your camp in Hackney, Kensington and Chelsea, or Islington is not disturbing anyone, and they are not making use of the land, they will let you stay without any opposition.
If the landowner or tenant in London desires to evict you, they will:
Apply for a possession order or interdict from a court in Greater London that will force you to move from London
Ask the council in London to act
Ask the police in London to act
Remove you personally from Greater London
If you are camping on private land without the owner's permission in Hackney, Kensington and Chelsea, or Islington, the property owner or tenants might go to court and ask for an eviction ruling in London from the Sheriff's court.
If the court awards them, a Summary Cause Summons will be given, which is a document detailing the date of the court case in London.
Anytime you receive a summons from the court, quickly rush to your solicitor or Denbigh Franks to get their counsel.
Also, the local Citizen's Advice could help you secure a solicitor in London.
If they try the case in court, because you are a trespasser on the owner's property in London, you do not have a defence at all but your solicitor can stay your eviction in Greater London by appealing for postponement of your ejection on Humanitarian grounds, for example, he might appeal to the court using an ill person as grounds for delay.
If the Sherriff issues an eviction order to the applicant in London, then you must move out.
The interdict order is a Hackney, Kensington and Chelsea, or Islington civil court order that requires that you do not do something or that you should not go near a place or person in Greater London.
If the London Landowner requests an interdict order, the court will send documents to you to explain what it needs you to do.
For instance, the interdict may ask you to leave the property owner's land in London or hinder you from moving into the property.
If you receive this type of court documents in Greater London, you must see your Solicitor or rush to You Community Law Centre.
Also, your local Citizens Advice may get you a solicitor in London that will defend you in court.
If you are facing an interdict, you can defend yourself and tell the court why you are in the location.
The court in Hackney, Kensington and Chelsea, or Islington will consider your specific condition before granting the interdict.
The Sherriff may refuse to award an interdict in London if it causes a lot of suffering for you and your family.
But if the court grants the interdict that needs you to move from the land in London, and you fail to pack out of the premises, the Greater London police may arrest you if the interdict expressly states that they can arrest you.
Finally, if the landowner or applicant in London proves that you breached the interdict, the court may fine or imprison you.
If the owner of the site in London where you are camping has no planning permission for the site, and if the place where you are living is a nuisance or public health hazard, the council in Greater London can remove you from the site.
The police can tell you to move out as a final effort in Hackney, Kensington and Chelsea, or Islington.
The London landowner has the authority to evict you in person as they can evict you without the use of a court order.
During the time that they are removing you and your property, if they hurt you or spoil your vehicle or property, you can report the case to the London police, and if you have some exhibits to show that they hurt you or spoil your things, they could face charges.
You may prove these claims with photos or by recording what happened in Greater London on video with your mobile phone.
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