Traveller Evictions.

The steps for a Common Law Eviction for travellers is as follows:

1. Instruct Us:

Verify ownership or tenancy proof and grant authority to act.

2. Preparing the Common Law Notice to Leave:

We prepare a Common Law Notice to Leave, ensuring compliance with regulations.

3. Enforcement Agents Attend the Site:

Our agents perform a risk assessment and serve the notice to an adult or post it in visible locations.

Eviction

If travellers refuse to leave, we remove persons and vehicles using minimal force, with police support if needed.

Post Eviction

The site is secured to prevent re-entry, and we provide full documentation, including photographs and condition reports.

What Happens if a Common Law Eviction is not Successful?

If the Common Law eviction is unsuccessful, we may advise obtaining a possession order or explore other options, such as a Section 60 notice or court orders for larger encampments.

The process typically involves the following steps:

Step 1: Obtain possesion Order

To obtain a possession order, we must gather all evidence to lodge the claim with court:

1. Gather Evidence:

Verify ownership or tenancy proof and grant authority to act.

2. Issue Claim Form:

Prepare and submit the claim form, particulars of claim, and all supporting documents to initiate the legal proceedings against the travellers.

3. Serve Documents:

Ensure the travellers are formally notified by serving them with the necessary documents and the Notice of Hearing to inform them of the legal proceedings.

4. Attend Court:

Appear in court with your solicitor to present your case and seek the necessary legal order for eviction.

5. Obtain the Order:

Once the court issues the order, follow the prescribed steps to enforce it and ensure the eviction is carried out successfully.

Step 2: Enforce High Court Possession Order

1. Transfer to High Court:

Once the possession order is secured, it is transferred to the High Court for the issuance of a Writ of Possession.

2. Issue Writ:

The High Court issues the Writ of Possession, allowing enforcement actions to be taken, including against “persons unknown.”

3. Serve Documents:

Ensure the travellers are formally notified by serving them with the necessary documents and the Notice of Hearing to inform them of the legal proceedings.

4. Enforcement Action:

The writ is executed by High Court Enforcement Officers, who may call on the police for support if required. At Strikes Property Services Group, our own Authorised High Court Enforcement Officer, Andrew McDermott, handles the transfer of Writs to the High Court, eliminating the need for third parties.