Squatters in my Property - what can I do?

Squatters - my property has been unoccupied for only a short time and I have discovered that squatters have moved in. What can I do?

This is a question that comes up quite often. Most landlords are surprised to learn that squatting in itself is not a crime. Occupying a property without the owner’s consent is technically known as trespassing but you as landlord cannot use force to effect an eviction without yourself committing a crime.

However, waiting until the property is unoccupied and then changing locks is not a crime either, though you are obliged to take care of belongings.

Fortunately, it is quite straightforward for owners to evict trespassers legally if they follow the correct procedure. The owner will need to apply to the local County Court or the High Court for a possession order using the special procedure for squatters. You don’t need to know the name of the squatters to use this procedure.

If you can show that the occupiers are in fact trespassing you should receive a possession order within a couple of weeks, which may be delayed further depending on if the occupiers defend their position or ask for more time to find alternative accommodation, which may cause delay in the leaving date.

If the occupiers refuse to leave voluntarily once you have the order, you will need to use the services of the court bailiffs, which may cause a further delay of up to two weeks.

The Criminal Justice Act 1994 introduced an even faster procedure which allows landlords to serve a Notice of Possession on squatters of less than 28 days, which should result in an Interim Possession Order from the court. This gives trespassers just 24 hours to leave or face arrest.

Where squatters (trespassers) displace rightful occupiers (occupying tenants or owners) they commit a criminal offense if they stay when asked to leave. In this case rightful occupiers (not landlords) must present the trespasser with a sworn statement that they are the rightful occupier, or in the case of tenants, a statement from their landlord.

In normal squatting situations the police will normally refuse to assist as there is no crime – it’s a civil matter. In the latter case the police may be willing to assist as the occupiers are committing a crime.

Useful Links: http://www.landlordzone.co.uk/squatters.htm

Tom Entwistle is a founding director and Editor of LandlordZONEâ He has been a private investor in residential and commercial property for over 25 years.

This article first appeared in Landlord Magazine – Subscribe to this FREE Landlord Magazine