Act Quickly to Remove Squatters!

Squatters are people who have no right to be in your property. They are also called trespassers. Possibly your tenant has let them in (people not on the tenancy agreement) or they let themselves in while the property was left empty, unoccupied or unsecured.

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The Police

It is a criminal offence to trespass in a residential property thanks to a Landlord Action campaign. That means you can ask the Police to remove the squatters. However, many Police forces have been slow to recognise this law and often do not want to get involved. This means you will still be without rent and your property may be damaged further. It is NOT a criminal offence if the squatters are in commercial property.

The Court

You can still go to Court and the result can be quicker so more cost-effective. The whole process can be done within three or four weeks. Landlord Action solicitors will advise you, draft all the documentation, issue the claim, serve the papers and represent you at court. You need to go to court to remove squatters from commercial property.

Speed is important

There are two types of court procedures to get squatters out. The quicker method can only be used if you have just become aware that you have a squatter in your property and you can recall the last time you visited the property. You have up to 28 days to act!

Standard Trespass Claim

Owners of a property, which is occupied by trespassers or anyone who does not have a right to be in the property, can apply to the court for a possession order. This is similar to the standard possession procedure the difference being that all witness evidence is submitted with the pleadings. It will usually be suitable to use this procedure against unlawful sub-tenants or people who were given permission to occupy the property, but the permission has now been withdrawn (licensees).

Our cost – £2,500

This includes:

Legal work
Court fee
Process server fee
Advocate fee for hearing
VAT

Interim Possession Order (IPO)

You need to meet certain legal requirements before you can apply for an IPO. The occupied premises must be either: a building, part of a building (such as a self-contained flat within a building) or land ancillary to that building and is also used for commercial property squatters.

You also need to show the court that:

You have an immediate right to possession of the premises being occupied

That right has existed for the whole time the premises were illegally occupied

The claim must be made within 28 days of finding out the premises were occupied

You cannot use an IPO if you are seeking to evict former tenants, sub-tenants or licensee and you cannot use an interim possession order if you are also trying to recover damages. If ALL of the above conditions are not met, then the Judge (at the final possession order hearing) could allow the squatters back into the property. On instruction we act very quickly and can get your property back in a couple of weeks.

Our cost – £3,250

This includes:

Legal work
Court fee
Process server fee
Advocate fee for hearing
VAT

“Thanks to Landlord Action, I now have my pub back after you evicted the unwanted squatters. You eased a very stressful situation for me.“

Marilyn Shein, Pub owner

Emma Phillips Solicitor

Emma Phillips is a solicitor with over 20 years experience in landlord and tenant, debt recovery and property-related litigation acting on behalf of commercial and residential landlords and property agents. She also prides herself in successfully negotiating pragmatic outcomes outside the Court process, leading to an efficient and commercial outcome for her clients.

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