Unauthorised occupants of land or commercial premises can be a nightmare for obvious reasons. A land owner has rights under common law to evict the illegal occupier without recourse to the courts in accordance with Halsbury’s Laws of England (Paragraph 1400, Volume 45, 4th Edition) which states that:-
“If a trespasser peaceably enters or is on land, the person who is in or entitled to possession may request him to leave, and if he refuses to leave, remove him from the land using no more force than is reasonably necessary. This right is not ousted if the person entitled to possession has succeeded in an action at law for possession but chooses not to sue out his Writ.”
In most cases the removal is successful, but it will depend on the number of occupants and their intentions. The police can attend to prevent a breach of the peace but have no powers to assist with the removal.
In circumstances where the Police have utilised Section 61 of Criminal Justice and Public Order Act 1994, we are happy to support the trespassers removal and secure the site with their assistance.
When we get uninvited guests, the damage can be immense. Whether it is disruption to your car parking/delivery space or property, damage to fences, barriers and padlocks, or the cost to get the site clear of unwanted guests and the clear up afterwards, it can be a big headache for landlords and landowners alike.
On private land when evicting travellers, Asset Protection use the Common Law Land Act (CLLA) (other methods would require a Court Order), a court order generally gives guests approximately a week to move on, but our Enforcement team can use the CLLA to serve an appropriate notice, which gives the travellers time to leave (usually up to 24 hours) or in some cases immediately, it is what is seen to be deemed as reasonable time.
We pride are proud of our teams of having a 100% success rate.
Implementing a peaceable re-entry is a quick and efficient way of dealing with a tenant who has either absconded or has outstanding rent payments owed. It is a successful way of gaining back control of your property and is a simple process; simply fill in the Warrant of Forfeiture document, send it back to us electronically, and we can act on it immediately.
We offer a variety of services with regards to enforcement and have found that since the change in the law and the introduction of Commercial Rent Arrears Recovery (CRAR), most of our clients request a forfeiture of lease rather than what was previously known as 'Warrant to distant' and controlling of goods. This process has increased the number of tenants paying outstanding monies owed, reducing both the time taken to recoup debts and expense to the client.
A lot of our clients are transferring County Court proceedings to the High Court, mainly because this helps to reduce the time taken for an outcome and gains better results. Transferring Up proceedings to a High Court Writ is more of a common practice now and is also very simple to do.
A High Court Writ of Execution allows enforcement agents to recover the money owed to a client or to seize a number of personal items from the debtor to be sold at auction to raise what is owed.
Copyright © 2023 Assetprotectionsecurity - All Rights Reserved.
Powered by GoDaddy