↓legally correct Feb 2014↓
What to do if you are Threatened with Eviction
There are a whole range of factors that will determine whether an eviction, and eviction notices are lawful and whether anything can be do to stop or delay it. Every circumstance is different and the specifics of each case will determine what can or cannot be done.
GOLDEN RULE: Time is of the essence!
Contact either FFT or TAT or whoever it is you want to use as soon as you receive notice of an eviction.
If you leave it until the night before the police or bailiffs are due to turn up to contact someone, dont expect much of a result.
There are four main types of evictions. These are:
- Evictions by the Police and Local Authority from public or private land – read more about evictions from unauthorised encampments
- Evictions from private land by private landowner
- Evictions by planning authorities under planning law – read more
- Evictions from local authority and private rented sites.
The first thing you need to know in any eviction is:
- What kind of land or whose land are you being evicted from? Is it private or public land, highway, greenlane, etc
- Who exactly is evicting you? Is it a private landowner, a local authority, the police, planning authority, etc
- Which powers/laws exactly are being used to evict you? Is it a Section 61 eviction, Section 77, Order 115, Section 62a, Order 24, etc
The answers to these three questions are essential information and anyone you contact for help will need to know this before they will be able to do anything. As soon as you have the above information, call someone straight away. You can reach both FFT and TAT (Travellers Advice Team solicitors at the Community Law Partnership) on the following numbers:
Monday to Friday 10-5pm.
Telephone: 01273 234 777
Traveller Advice Team:
The Advice Line is staffed between 10.00am – 1.00pm and 2.00pm to 5.00pm Monday to Friday (with exception of Bank Holidays).
Telephone: 0121 685 8677
24hr Mobile: 07768 316 755
In relation to the questions above, it is always worth double checking that the person / body trying to evict you:
- actually owns or has license over the all the land in question
- is using the correct powers and has followed the correct procedure in law to evict you
- that the land for which the possession order is being sought is that and only that which is being trespassed.