What is Squatting?

Squatting occurs when someone occupies an empty property without the owner’s knowledge and without their permission. Squatting does therefore not include tenants who remain in the property after their tenancy has ended or those with other rights occupation, there should also be no record of rent being paid to the owner.

How do I remove squatters ?

Despite their actions, squatters do have rights and, except in very limited cases, they cannot be forcibly removed without a court order.

If you discover a squatter you should act quickly to avoid disruption and expense. Initially you could try and peacefully persuade squatters to leave, for example, by offering payment for temporary accommodation. Peaceful re-entry may also be an option but you should take legal advice on this and you should never threaten violence as this would  be a criminal act. You may also wish to contact the police at an early stage as if there is evidence of forced entry they may be able to assist, with some persuasion.

If other attempts fail then you will need to contact your solicitor as to enable you to forcibly remove the squatters he will need to apply for a court order. This process is something which experienced solicitors, such as MS Law LLP, are best placed to deal with as the process can be rather technical and they will ensure your claim is successful.

Possession Orders

Your solicitor can apply for two types of possession orders; an interim (or temporary) order which allows you to obtain temporary possession or a full possession order.

Interim Possession Orders

Although interim orders allow you to get squatters out in between 24 to 48 hours they are not regularly used as the procedure is complex and involves two court hearings. They also only allow a temporary eviction until a full possession order is granted and, if a full possession order were not granted, the squatters may have to be allowed to re-enter the Property with the owner paying compensation. You can also not re-let the Property until you have a full possession order. Interim possession orders are however, useful if squatters pose a pressing threat to the Property. 

Full Possession Order

Most people prefer to go for a full possession order which itself usually only takes 2 to 3 weeks and allows you to then obtain full and permanent possession. It is important to instruct a solicitor to do this work for you as they can ensure the strict court process is followed correctly so that the squatters are removed as soon as possible.

To assist your solicitor it is a good idea to keep a file of all documentation regarding the squatters including records of all correspondence including written notes of telephone calls and other events. If dealing with travellers on your land you may also want to get full details of their vehicles and take photographs of them as if they returned at a later date you may be able to use the same possession order.

Although having full information for your solicitor will greatly assist him you do not need to worry about not knowing the squatters’ names as the court allows you to refer to them collectively as “persons unknown”. It is also simpler to do this as you don’t have to worry about serving the occupiers and covers all occupiers even those you may not be aware of. 

Once your solicitor has all the information he will file a claim for possession with the court, which will endeavor to allocate an early hearing date. Your solicitor will also ensure the squatters are given the appropriate notice of the proceedings.  A hearing will then be held but it is usually an informal process where your solicitor will present evidence of your ownership and that the squatters have occupied without your consent. The squatters may turn up and challenge but they must have evidence of a legal interest in the land (e.g., a tenancy) otherwise there is no defence to their claim for possession and the court should issue a full order for possession.

What happens once I have a full possession order?

If the squatters refuse to leave they will then be committing a criminal offence and risk being arrested by the police in addition to being evicted by a court bailiff. They may also be subject to a fine or imprisonment or both. Once possession is regained, the locks should be changed and the premises properly secured.

Points to be aware of

• You should not accept any rent from the squatters or they may be deemed as tenants and you will be unable to gain possession within 2-3 weeks and may have to wait up to 6 months or more to regain possession as a separate procedure would then have to be used.
• If you wish to evict a tenant a squatter’s possession order cannot be used and you should instead use the appropriate procedures to remove a tenant, this is something which MS Law LLP can also advise you fully on through our dedicated tenant eviction service.
• Possession orders can also sometimes be used where an occupier has stayed on after the tenant has left or where the occupier is for example a guest in a bed and breakfast but this is a more complex area which your solicitor would need to consider in detail.

Contact MS Law LLP on 0161 772 4500 or info@ms-law.co.uk for details of our problem tenant and squatter eviction services

The contents of this posting are not intended to constitute legal advice and if you should experience any difficulty with a squatters you should consult a solicitor for specific advice.