Illegal squatting and trespassing of land and buildings is becoming a major issue for landlords throughout the country. Essex Bailiffs are committed to helping landlords and property agents in the removal of illegal occupiers quickly and importantly, cost-effectively.
Following changes in the criminal law it is now an offence to squat or trespass in a residential property. However, some police forces have been found to be reluctant to act on these cases and still refuse to get involved, where this is the case Essex Bailiffs can help. In certain circumstances squatters may be removed without the need for court action, however, you may have to obtain a court order for possession to evict a trespasser or squatter from your residential property. If this is the case, Essex Bailiffs partnership Solicitors are on hand to get the right processes in place as soon as possible.
If the illegally occupied property comprises of open land or is a commercial building it is essential that a claim for possession is made within 28 days of the landlord or agent becoming aware of the squatters occupying the property.
Whether residential or commercial premises, if you have squatters we can help. If it is not feasible to remove the squatters without the need for legal action, our specialist partnership lawyers will prepare and draft all the court papers and will issue proceedings in the appropriate court. They are experts in progressing these actions rapidly through the courts and are often able to obtain a possession order against “Persons Unknown” in a matter of days. Once this order is granted, it can immediately be transferred to the High Court for enforcement. The squatters can then be evicted by our agents under the authority of the sealed writ.
Frequently Asked Questions
1 Is squatting illegal in the UK?
Yes, squatting in a residential property is a criminal offence under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Offenders can face up to six months in prison, a fine of up to £5,000, or both. However, squatting in commercial properties is a civil matter, meaning landlords must go through the courts to evict squatters.
2 How can a property owner evict squatters from a commercial building?
Interim Possession Order (IPO): If squatters have been in the property for 28 days or less, the owner can apply for an IPO. Once granted, squatters must leave within 24 hours of being served, or they can be arrested.
- Possession Order: If the squatters have been there for more than 28 days, or if an IPO isn’t suitable, the owner can apply for a standard possession order through the civil courts. This process takes longer but legally enforces the squatters’ removal.
- High Court Enforcement: If a possession order is granted, the case can be transferred to the High Court for quicker enforcement. High Court Enforcement can be used to remove squatters more efficiently than county court bailiffs.
- Common Law Eviction: Property owners can use a certified enforcement agent (such as Essex Bailiffs ) to remove squatters under common law. This is often a faster alternative to court action, but it must be done legally and without excessive force.
- Police Intervention (if criminal activity is involved): While squatting in a commercial building is not a criminal offence, police may remove squatters if there’s evidence of forced entry, criminal damage, or other illegal activities. Police intervention is rare.
3 Can the police remove squatters immediately?
Police can remove squatters immediately if they are in a residential property, as squatting in homes is a criminal offence. However, for commercial properties, police typically won’t intervene unless there is evidence of criminal activity, such as forced entry, theft, or damage.
4 What legal action can landlords take against squatters?
Landlords can seek a possession order through the county court. If granted, bailiffs or High Court Enforcement Officers (HCEOs) can remove the squatters. If the squatters refuse to leave, landlords can escalate enforcement action by transferring the case to the High Court for quicker eviction.
5 What rights do squatters have in the UK?
Squatters have very limited rights. However, if they have occupied a property continuously for 10 years (for registered land) or 12 years (for unregistered land) without the owner’s permission, they may apply for adverse possession.
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If you have squatters on your land or your property, speed of action is vital. Contact us immediately, we will discuss the circumstances of your case and guide you through the procedure every step of the way.