News Stories

Protecting property as violence flares
10/08/2011

Rachel Watkin, Partner in the Commercial Property team at Brabners Chaffe Street, examines the practical steps that can be taken by landlords and tenants seeking to protect their property from protestors.

As violence flares in the North West following riots which have spread across England urgent preventative measures may need to be taken by local property owners to protect their assets.

Whilst Parliament is being recalled to restore order, the riots appear to be continuing. Shops and buildings in the region are already reported to have suffered with properties having been damaged and shops looted. This follows the more peaceful demonstrations which took place earlier in the year in response to the government's controversial austerity measures. As protests become more common place, the question of how property owners can protect their property has become increasingly significant.

In respect of rioters who have gained entry to property, early case law established a principle in which the owner of a property may be entitled to use reasonable force in ejecting any person who has gained possession of his property, so long as no injury is caused to the trespasser. Landlords and occupiers must therefore be careful not to use excessive force whilst also ensuring that they are not placing themselves in danger of violence.

Although the police do have powers to remove a trespasser where he has committed an offence or in preventing a breach of the peace, the police have been under extreme pressure during the recent riots. In any event, the police can only assist if a trespasser poses a risk of violence. The police also have statutory powers to remove trespassers but only in limited circumstances.

Alternatively an application to court could be made for a possession order or an interim injunction. However, each of these take time to obtain.

In 2008 E.ON, the energy supplier, obtained a pre-emptive injunction to restrain future trespassers defined as “persons unknown”, from occupying a power station when it had previously been thought that such injunctions could only be granted against named individuals. This ruling may prove to be a useful tool in protecting a property from impending trespassers.

The most cost effective and efficient methods of protecting premises from trespassers may be preventative measures such as employing private security teams and/or installing and using reinforced shutters to prevent access to the premises as successfully dealing with protestors involves practical as well as legal measures.


For further information contact Rachel Watkin at Brabners Chaffe Street on 0151 600 3057

Back to the news headlines