Squatters in an unoccupied property can cause serious problems for owners, whether the property is a residential building or a commercial building. Besides the potential for damage to a building, the emotional and financial burden of dealing with squatters is often overwhelming.
The legal steps involved in removing squatters can be complex and time-consuming, especially if the squatters refuse to leave. In these situations, acting quickly and following the correct legal process is crucial for any property owner. This ensures you can regain possession of the property as soon as possible.
What is Squatting?
Squatting is when someone enters and lives in a property without the owner’s permission. This means that the squatter has no legal right to be there.
Squatters are different from tenants who stop paying rent or stay after their tenancy ends. If someone had permission to enter the property at any point, they are not considered squatters. Different legal processes, such as tenant eviction, may apply in these cases. Squatters do not pay rent or have an agreement with the property owner, and their stay is unauthorised.
As soon as squatters are discovered in a property, the owner needs to act quickly to avoid complications such as property damage or legal entanglements. If squatters remain undisturbed for too long, they may attempt to claim legal rights to the property. This can complicate the squatter eviction process.
When is Squatting a Criminal Offence?
In certain cases, squatting is considered a criminal offence. This is especially true when it involves a residential property that the squatter does not have permission to enter or occupy. It is also illegal if the squatter refuses to leave when asked by the person who has the legal right to live there, such as the property owner or tenant.
In these cases, squatters can face legal consequences, including up to 6 months in prison and fines. Police can be called to remove squatters in residential buildings, and force can be used to remove them if necessary.
However, not all squatting situations are treated as criminal offences. For example, squatting in a commercial property is not automatically a crime unless the squatters have caused damage or committed other offences, such as theft.
Owners of commercial buildings might still need to follow civil eviction processes, especially if squatters have not damaged the property. This distinction between residential and commercial properties is important for owners to understand as they navigate their options for squatter eviction.
What are Squatters’ Rights?
While squatters have limited rights, there are situations where they can attempt to claim ownership of the property through a legal process known as adverse possession.
To do this, squatters must have lived in the property continuously for a significant period of time:
- If the property is registered with HM Land Registry, squatters must have been there for at least 10 years
- If the property is not registered, this period extends to 12 years.
Squatters can only claim ownership if they have never had owner’s permission to live there. This means tenants or lodgers who overstay cannot use these rights.
Once squatters meet the time requirement, they may apply to become the legal owners of the property. However, this process involves proving that they have been in continuous possession of the property without any interference from the owner.
Property owners can stop this by acting as soon as they become aware of squatters and following the squatter eviction process to regain possession.
Legal Actions to Evict a Squatter
Evicting squatters can be a complex legal process, and property owners must ensure they follow the correct procedures to avoid breaking the law themselves. There are several legal options available, depending on how long the squatters have been in the property and the type of property involved.
Read our blog: 5 Things Property Owners Should Never Try When Dealing With Squatters
Applying for an Interim Possession Order (IPO)
The first option is to apply for an interim possession order (IPO). This can be used if it has been 28 days or less since you discovered the squatters.
An IPO is a quick way to remove squatters from a property. It involves filling in an application with the local county court. Once approved, the court sends confirmation of the IPO, and it must be served to the squatters within 48 hours.
After being served, the squatters must leave the property within 24 hours. If they return within 12 months, they could face arrest and criminal charges.
An IPO is a swift and effective option, but it cannot be used if the owner is also making a claim for damages.
Making a Claim for Possession
If more than 28 days have passed since the squatters were discovered, a legal owner can make a claim for possession. This is a lengthier process and involves court paperwork.
The squatters must be notified of the claim, and they will have the chance to defend themselves in court.
In most cases, if the squatters have no legal right to be there, the court will rule in favour of the owner, ordering the squatters to leave. If the squatters refuse, bailiffs or police may be called in to enforce the order and help the owner regain possession.
Squatters in Residential vs Commercial Buildings
There are key differences between squatting in a residential building and a commercial property. Since 2012, squatting in a residential property has been illegal, and the police have the authority to remove squatters from residential buildings without a court order if they are causing damage or refusing to leave. Squatters who remain in a residential building after being asked to leave are committing a criminal offence.
In contrast, squatting in a commercial property is not always a crime. If the squatters have not caused damage or committed other offences, police might not have the authority to remove them. In these cases, the owner will need to follow the civil process to regain possession of their property, which involves serving legal notices and potentially going to court.
Whether the property is residential or commercial, it is essential for owners to take legal action quickly. The longer squatters remain in the property, the harder it may become to remove them, and they may even attempt to claim ownership of the property if they stay long enough.
The Eviction Process: Step-by-Step
The eviction process for squatters can be time-consuming, but it is important to follow the legal steps to ensure a successful outcome. Here is a general outline of how the process works:
- Identify the squatters: Confirm that the individuals in your property do not have owner’s permission to be there and are not tenants or lodgers.
- Call the police: If the property is residential, squatting is a crime. Police can assist in removing the squatters. If the property is commercial, the police can act if there has been damage or other criminal offences.
- Serve an eviction notice: If the squatters are not committing a criminal offence, the next step is to serve them with an eviction notice. This legal document informs them they must leave the property.
- Apply for an IPO or possession claim: Depending on how long the squatters have been in the property, you can apply for an interim possession order or make a claim for full possession through the court.
- Enforce the eviction: If the squatters do not leave after the court order, enforcement officers or police will need to physically remove them from the property to help the owner regain possession.
- Claim final possession: You must also claim final possession to finally get the property back.
This process can take time and patience, but following it ensures you stay within the law while removing squatters.
How to Prevent Squatters Entering your Property
Prevention is often the best way to avoid needing to evict squatters. Here are some practical steps that property owners can take to protect their residential or commercial property:
- Secure the property: Ensure all doors and windows are locked, and use security measures such as alarms or cameras if possible.
- Make the property look occupied: For example, use lights on timers or arrange for post and bins to be managed, so the property does not look abandoned.
- Visit regularly: Check the property frequently to spot any early signs of squatting or damage.
- Minimise vacancy periods: The longer a property remains empty, the more attractive it becomes to squatters. Try to keep the property in use or at least maintained to give the impression it is occupied.
Get Expert Support for your Squat Eviction Process
Dealing with squatters can be a frustrating and emotional experience, but it is important to handle the situation legally and professionally. For any property owner, the key to resolving the issue is to act quickly and follow the legal process.
Whether the property is residential or commercial, owners should not attempt to remove squatters themselves, as this could lead to legal complications. Instead, taking the correct steps, such as applying for an interim possession order or making a claim for possession, will ensure that the property is returned legally.
In all cases, following the law helps avoid committing any criminal offence and ensures the property is back in the owner’s control as soon as possible, helping them regain possession through a proper squatter eviction process.
If you need support in reclaiming a property that is currently occupied by squatters, Able Investigations can help you. Learn more about our Commercial Squatters and Property Repossession Services, or get in touch.
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