Common Law Powers of Eviction

If a trespasser peaceably enters or is on land, the person who is in, or is entitled to, possession may require the trespasser to leave and, if the trespasser refuses to leave, may remove that person using no more force than is reasonably necessary. If a trespasser enters with force and violence, the person in possession may remove that trespasser without a previous request to depart.

With regard to the common law powers, the ODPM Guidance on Managing Unauthorised Camping (February 2004) states:
‘The Government believes that local authorities should always follow a route which requires a court order. As local authorities and public bodies, authorities must have regard to considerations of common humanity or other statutory duties, and must ensure that the human rights of unauthorised campers are safeguarded.’

The ODPM Guidance also contains recommendations for other landowners:
‘Good practice guidelines for common law evictions would seek to ensure that no more than necessary ‘reasonable force’ is used and might include:

• Police should always be notified of an eviction and called in to stand by to prevent a breach of the peace.
  
• If police advise that it is inappropriate to carry out an eviction, it should always be delayed until an agreed time.’

A landowner who proceeded with an eviction against police advice might lay himself or herself open to a damages claim if the eviction then resulted in assault, injury or damage to person or property.