Trespassing Outside A Home

[MTbowels]

If a "cold caller" appears unannounced and without prior arrangement outside a persons home that is owned by the local authority and is asked to leave, is the caller committing an act of trespass if he/she refuses to do so?

I'm thinking in terms of a council tenant living in a property with a front garden. The council would not only own the house, but the garden too. Therefore, would there be an argument that the tenant could not insist on the caller leaving by accusing him of trespass, as the tenant does not own the land.

I'm thinking of a situation where the police might have to be called due to a possibility of a breach of the peace if the tenant is insistent on the caller leaving and he fails to do so. Could the caller argue that the tenant has no right to ask him to leave?

Logically, it seems to me that if a council tenant cannot ask someone to leave, then the millions of people in privately rented accommodation would be in the same position, which would be very restrictive.



Thank you

[leahbee]

I am no expert but I would have thought that if the tenant is paying rent then he or she can ask anyone to leave the home or garden. From what I understand even the landlord must make an appointment to visit the house.

[Mamyalynne]

Not sure of the legalities but in my view it is unlikely after a refusal at the door that a cold caller (salesman?) would wait out there very long.

[Old_Geezer]

I am also no expert but I think trespass is a civil matter and few would want the cost & effort to bring proceedings unless the trespass was very grave.

Not complying wish a police order may be a different matter though.

[atalanta]

Shame we're not still living in the middle ages. Then you could throw a bucket of something unspeakable out of the door or window, and passers-by could do nothing about it.

[cassa333]

Being a council property or council tenant or in privately rented accomodation has nothing to do with it. So don't even bother about it, stop thinking it has anything to do with the owner, it hasn't. It is the occupier that has final say.

Almost anyone is at liberty to walk up your garden path to your front door, knock on it and seek to sell you something or deliver something. There are of course exceptions, such as those with a restraining order etc.

A cold caller would be a stupid one if they didn't leave when asked to do so but a quick call to the local police wouold normally get them on their way.

There are schemes in areas where cold calling is not allowed and that can be enforced. There are signs on the lamp posts but I don't know WHO would enforce it. Anyway a sign in your window or by the gate with 'No cold callers please' is a good deterant and works in my mums area.

People that generaly knock on your residential door would be family & friends, postmen & delivery people. Just about everyone else is a cold caller.

In all honesty how often do cold callers come round to your area? We have about 6 a year (if that). No thank you and shutting the door does the trick.

[EDDIE51]

Yes , trespass is a civil matter only no criminal offence is committed.
Surely the answer is just to refuse the person entry ? as Mamyalynne says he is not going to gain much by standing around in the garden.

[woofgang]

trespass is a civil issue, not a criminal one so the police wouldn't be interested anyway. The home owner might be better advised to go the harassment route rather than trespass.

[joggerjayne]

A person entering the garden of a property has an implied licence to be on the property provided they intend to act lawfully (eg a postman) and not unlawfully (eg a burglar).

The person is deemed a lawful visitor.

The implied licence can be terminated by the occupier of the property. The tenant asking the visitor to leave would terminate the licence.

At this point, the lawful visitor becomes a trespasser if he or she refuses to leave.

The tenant should take out their phone,mand take photos of the trespasser, and tell the trespasser that they will be sued for damages for trespass, and the photos will be the evidence that will win the case.

Note: if you own or rent a property, and your children still live at home, and they are over 18 so you are no longer legally responsible for their care and custody, if you ask your children to move out and they don't go, they become trespassers, and you can sue them.

[tonywiltshire]

Your logic is correct the tenant has the right to sue for trespass which is a tort (civil wrong), many years ago all wrongful acts were known as trespass. If a tenant of land asks you to leave and you remain you may be guilty of trespass to land. You may also like to look at the Occupiers liability act 1957 as amended and the Housing act 1985 as amended.

[joko]

why not just shut the door on them? they will soon go away

[FredPuli43]

Two practical problems 1) if you tell the person he is a trespasser and he refuses to leave, you may act 'molliter manus imposuit' (he laid hands softly upon), and use such little force as is necessary to demonstrate that he is to leave and to encourage him to do so 2) the damages for trespass are minimal, in the absence of the trespasser having committed quantifiable damage to your property.

Trespass itself is not a criminal offence; the signs you see saying "Trespassers will be prosecuted" are, in the words of one old judge, "a wooden lie"