When you have camped on a private travellers' site in Belgrave, Coton, or Amington, it dictates your rights are based on the type of site it is in Tamworth, that is, a protected site with planning permission and licence.
If you are living on a protected site, you have more rights in Tamworth than others living on an unprotected site and the former is more protected against eviction in Staffordshire than the latter.
If you are staying in an unprotected area in Tamworth, that is, a site that does not have planning permission and a site licence, you will not have a lot of rights in Staffordshire, and the owner of the site has the ability to remove you fairly without any difficulty.
As a tenant of common law who's being evicted in Coton, Belgrave, or Amington, you should have a few rights, including the right to a minimum of one month's notice, but you may find this difficult to enforce in Tamworth.
Parking up without permission on private land in Tamworth can also lead you to the trouble as the legal owner or the tenant can find out ways to evict you.
In fact, the owner may not be aware that you're there until they receive complaints about you residing on their Staffordshire land.
It may be worth contacting the Tamworth landowners and discuss the issue with them - if the camp in Coton, Belgrave, or Amington is not causing problems and they don't want the land for anything else, they may allow you to stay.
In case the lawful tenant or property owner in Tamworth wishes you to leave, they may:
Applying for a possession order in the court in Staffordshire which will need you to leave the Tamworth land
Request the council in Tamworth to remove you
Ask police in Tamworth to remove you
Evict you themselves from Staffordshire
If you camp on a private land without the owner's consent in Coton, Belgrave, or Amington, the property owner or occupier can apply to the sheriff court to have you evicted from their property in Tamworth.
In case this occurs, you will receive Summary Cause Order- a document from court, indicating when your case is due for court hearing in Tamworth.
If a summons is sent to you, consult a law centre or Denbigh Franks immediately.
Your local Citizens Advice should contact a solicitor who can help you in Tamworth.
It is important to point out that the reason you are enlisting a solicitor is not defend yourself in the court of law because you trespassed on someone's property in Tamworth, instead, the solicitor would do his best to delay the Staffordshire eviction and add some humanitarian undertones (such as having someone ill in your family) to delay your eviction.
But you will have to vacate if the sheriff grants an eviction order in Tamworth.
An interdict refers to an injunction from the civil courts in Amington, Coton, or Belgrave that prevents you from doing certain things or instructs you to steer clear of a place or individual in Staffordshire.
In case the property holder in Tamworth requests for the interdiction order, you will get documents from court informing you on your next actions.
For instance, it may be ordering you to move out someone's land in Tamworth, or stopping you from moving into it.
It's important to get in contact with a law centre or solicitor in Staffordshire as soon as you receive these kinds of papers.
Your local Citizens Advice can also help you reach a solicitor in Tamworth who can help you.
Solicitor is the only one who may help you to defend the action in court.
If things do well, the court in Coton, Amington, or Belgrave may consider the inconveniences the eviction may cause.
For instance, the sheriff may not give an interdict in Tamworth if they notice it will cause you significant hardship.
However, if the interdict is approved and you violate the terms, for instance if you choose to remain on the land in Tamworth; if the interdict gives empowers the police in Staffordshire to arrest you, you may be arrested.
If the Tamworth landowner can provide evidence of your violation of any condition in the interdict, you may have to pay a fine, or even be sentenced to jail.
The Staffordshire council has the power to move you on if the landlord in Tamworth does not have approval to build a location on their property, or if the work poses a threat to public health.
This is the last resort, the police can be called in in Coton, Belgrave, or Amington.
If the landowner in Tamworth wants, he/she can evict you out of their land without having an order from the court.
However, if they cause and damage your vehicles or property, or if they harm you in any way, you can report the matter to the police in Tamworth and may face charges.
Photos or by recording the incident in Staffordshire on video using your mobile phone is recommended to solidify your evidence.
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