What happens if the council wants you to leave a council-owned site for Gypsies and Travellers.
Eviction from a council transit site
You can only stay for up to 3 months on a council transit site.
If the council wants to evict you, it must normally give you 4 weeks' notice. The council doesn't need to get a court order.
Eviction from a permanent site
The council can only evict you from a permanent official council site if it gets an order from the court.
The court can make a possession order if:
- you have breached a term of your agreement, and have not fixed this within a reasonable time, for example by not paying off arrears with your pitch fees
- you have seriously breached a term of your agreement, and it is something that can't be put right – for example you assaulted another resident on the site
- you are not occupying the mobile home as your only or main residence
- your mobile home is in such poor condition that it is having a negative effect on the rest of the site
The court must also decide that it is reasonable to evict you.
You are given a written statement that sets out your rights and responsibilities when you rent a pitch on an official council site. Check your written statement for details of the rules you must follow.
Eviction from an unauthorised site
The council can evict you from land it owns that you're trespassing on. Before deciding whether to evict you, the council should take into account all circumstances, including the welfare of you and your family.
Eviction from a private site
Even if a landowner has given you permission to stay on their land, the council could evict you if your camp doesn't have planning permission.
How to complain about the council
Use the council's complaints procedure to make an official complaint if the council failed to take relevant issues into account before deciding to move you on.
Contact a solicitor or law centre as soon as possible. A solicitor can help you challenge the council's decision.
They may be able to:
- get an injunction preventing the council from moving you on
- apply for a judicial review of the decision
Find a solicitor using the Legal Adviser Finder
Find out more about eviction and your rights from:
Last updated 20 Dec 2016 | © Shelter
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