Ho-ho-home invasion: is Father Christmas trespassing?

17th December 2019

Each year Father Christmas works tirelessly, travelling around the world delivering presents to children on his ‘nice’ list. But when he enters your home, is Father Christmas actually trespassing? If he does so without your expressed permission, could he be prosecuted?

Whilst he is likely to be a welcome guest, it arguably raises a number of important issues when it comes to uninvited visitors over the festive season.

Louise Newbould-Walton, Associate Solicitor at DAS Law, is here to explain what you need to know about the laws regarding trespassing on private property…

What is trespassing?

The legal term for trespassing is unlawful entry of one person on to another person’s property. If expressed or written permission is not given by the land owner, then anyone who is caught on this land without permission is trespassing.

In the case of Father Christmas, however, a letter from a child asking for presents might be just be enough to constitute the written permission required for him to enter a home, providing he leaves quickly and quietly.

Can I remove a trespasser from my property?

If someone is considered to be trespassing, the first call of action is to ask them to leave. If the person refuses, then a land owner is allowed to use ‘reasonable force’ to remove them. However, what ‘reasonable force’ means depends on the situation; land owners are not, for example, permitted to use weapons to remove a trespasser – this would be deemed excessive force and would likely constitute assault.

With regards to Father Christmas then don’t worry; he won’t be sticking around as he’s got a lot to do.

What is the punishment for trespassing?

The punishment for trespassing is dependent upon the severity of the offence. Trespassing is generally considered a civil offence with police having no authority to arrest a trespasser but they may help you remove them.

If the trespasser is accused of aggravated trespassing, then the maximum punishment is three months imprisonment, whereas first-time offenders are likely to receive a fine between £200-£300. If the trespasser is accused of trespassing in a residential property with the intent to commit theft, then the punishment can be up to 14 years imprisonment.

Although Father Christmas will be laden with goods, don’t forget that he’s bringing gifts – not taking them away – so he’s likely to be in the clear here.

Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created. Note that the information was accurate at the time of publication but laws may have since changed.

Be on your best behaviour at your work Christmas party

Charlotte Ellis. Legal Adviser at DAS Law, looks at the rules surrounding the office Christmas party.

December 2023 Learn more
Your rights if it’s too cold in the workplace

As the winter weather arrives with a vengeance, chilly workplaces across the UK are potentially having serious impacts on the health and effectiveness of employees.

January 2019 Learn more

Read more from the DAS Law blog

General advice , Protecting your business 5 things you need to know about missing the self-assessment tax return deadline

With 31 January deadline fast approaching, time is ticking for the UK’s 5.4m tax payers to submit their Self-Assessment tax returns.

January 2024
General advice , Motorcycling What to do if the council won’t fix the potholes on your road

Corey Evans, Associate at DAS Law clarifies the legal position around damage caused by potholes and the possible repercussions for those who seek to resolve them themselves.

January 2024
General advice , Employment disputes Be on your best behaviour at your work Christmas party

Charlotte Ellis. Legal Adviser at DAS Law, looks at the rules surrounding the office Christmas party.

December 2023
Property disputes What to do if your neighbour’s Bonfire Night party causes a nuisance

Grace Dutton sheds light on the laws surrounding Bonfire Night and private firework displays.

November 2023
General advice , Property disputes How far you can legally go to stop someone from playing a trick on you this Halloween

Halloween is generally a ‘spooktacular’ time for all but a few bad apples can spoil the fun. So what can you do if someone chooses to play a trick and damages your property?

October 2023
Property disputes How to ensure your relationship with your neighbours doesn’t become hot and bothered

Sahib Ullah Raj from DAS Law explores the various disputes between neighbours and explains the legal options available.

September 2023
Property disputes Don’t let your private hedge be a hazard to public footpaths

Charlotte Ellis at DAS Law explains how to stay on the “right side of the law” and avoid being a nuisance when it comes to your garden or driveway.

May 2023
General advice Facial recognition cameras – what your rights are

Where does the law stand on the use of facial recognition software? Elisa Ribeiro, legal adviser at DAS Law, tells you what you need to know.

May 2023
General advice , Motorcycling Motoring offences: drivers need to keep up to speed on the rules of the road

Breaking any speed limit (including temporary speed limits) is an offence, and it is the driver’s responsibility to be aware of the law.

April 2023
Property disputes Airbnb and holiday lettings: What to do with the staycation boom

Bethan Mack, a solicitor at DAS Law, answers the most important questions for existing Airbnb hosts and those thinking of renting out their properties.

April 2023
Property disputes Renting Homes (Wales) Act – What do landlords need to know

The Renting Homes (Wales) Act amendments simplifies how you rent properties. Here are the key changes for landlords.

January 2023
Road traffic accidents , General advice Highway Code updates for autonomous vehicles

As the emphasis on electric vehicles (EVs) increases and the technology behind automated vehicles evolves, the Highway Code has been updated to include key guidance on the new types of vehicles on our roads.

September 2022
Property disputes Building Safety Act 2022 – Who is responsible for ensuring new properties are safe?

What are the legal responsibilities of constructors and owners under the Defective Premises Act 1972? Who else can be held responsible? Corey Evans, Paralegal at DAS Law, has the answers.

August 2022