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> Methods of Eviction
Methods of Eviction
There are many methods of eviction that can be used by landowners or others with an interest in land against trespassers. There may be two kinds of ‘defence’ available to a trespasser – a ‘substantive defence’ or a ‘public law defence’.
A substantive defence relies upon an argument that the correct procedures for eviction have not been followed or that a specific statutory defence applies to the case in question. A public law defence is one based upon the type of arguments normally raised in judicial review proceedings, such as the argument that a decision to evict was unlawful because it was perverse, or because it was taken without regard to all the relevant considerations (see further below on public law challenges).
Substantive defences
Substantive defences will vary depending on the method of eviction employed. There are various methods of eviction available to landowners and occupiers, albeit that some are only available to specific categories of landowners or occupiers. Some methods of eviction are available to bodies who do not even own or occupy the land in question.
A substantive defence relies upon an argument that the correct procedures for eviction have not been followed or that a specific statutory defence applies to the case in question. A public law defence is one based upon the type of arguments normally raised in judicial review proceedings, such as the argument that a decision to evict was unlawful because it was perverse, or because it was taken without regard to all the relevant considerations (see further below on public law challenges).
Substantive defences
Substantive defences will vary depending on the method of eviction employed. There are various methods of eviction available to landowners and occupiers, albeit that some are only available to specific categories of landowners or occupiers. Some methods of eviction are available to bodies who do not even own or occupy the land in question.
