HOW TO LEGALLY REMOVE SQUATTERS FROM YOUR UK PROPERTY

How to Legally Remove Squatters from Your UK Property

How to Legally Remove Squatters from Your UK Property

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Dealing with squatters can be a stressful and challenging experience for any property owner. Whether you’re a seasoned landlord or new to property management, understanding the legal process for removing squatters is crucial. This guide, brought to you by first4 landlord advice, will walk you through the steps to legally evict squatters from your residential property in the UK.

Understanding Squatting in the UK


What is Squatting?


Squatting occurs when someone occupies an empty or abandoned property without the owner’s permission. In the UK, squatting in residential properties is illegal under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. However, squatting in commercial properties is treated differently and may not always be a criminal offense.

Who Are Squatters?


Squatters can range from individuals seeking shelter to organized groups occupying properties for political or social reasons. Regardless of their motives, landlords must follow the correct legal procedures to remove them.

Steps to Legally Remove Squatters


1. Confirm the Squatters’ Status


Before taking any action, verify that the individuals occupying your property are indeed squatters and not tenants or licensees. If the occupants have any form of tenancy agreement or permission to stay, the process for removal will differ.

2. Report the Squatters to the Police


Since squatting in residential properties is a criminal offense, you can contact the police to report the issue. Provide evidence of ownership, such as property deeds or a tenancy agreement, to prove that the squatters are occupying the property illegally.

3. Serve an Interim Possession Order (IPO)


If the police are unable to resolve the situation, you may need to apply for an Interim Possession Order (IPO). This is a court order that requires the squatters to leave the property within 24 hours. To apply for an IPO:

  • File an application at the county court.

  • Provide evidence of ownership and proof that the squatters have been in the property for less than 28 days.

  • Pay the required court fees.


If the squatters fail to leave after the IPO is granted, they can be arrested and charged with a criminal offense.

4. Apply for a Possession Order


If the squatters have been in the property for more than 28 days, you will need to apply for a standard Possession Order. This involves:

  • Filing a claim with the county court.

  • Attending a hearing where the judge will decide whether to grant the order.

  • Enforcing the order through bailiffs if the squatters refuse to leave.


5. Use Bailiffs to Evict Squatters


Once you have a Possession Order, you can instruct bailiffs to remove the squatters from your property. Bailiffs have the legal authority to enforce the court order and ensure the property is vacated.

Preventing Squatting in the Future


Secure Your Property


One of the best ways to prevent squatting is to ensure your property is secure. This includes:

  • Installing strong locks and alarms.

  • Regularly inspecting the property.

  • Using security cameras or hiring a property management company to monitor the premises.


Maintain the Property’s Appearance


An abandoned or neglected property is more likely to attract squatters. Keep the property well-maintained by:

  • Mowing the lawn and trimming hedges.

  • Removing mail and flyers from the doorstep.

  • Ensuring the property looks occupied.


Consider Temporary Tenants


If your property will be vacant for an extended period, consider renting it out to temporary tenants. This not only generates income but also deters squatters.

Legal Considerations for Landlords


Avoid Self-Help Evictions


Attempting to remove squatters without following the legal process can lead to serious consequences, including fines or criminal charges. Always rely on the courts and law enforcement to handle evictions.

Seek Professional Advice


Navigating the legal process for residential eviction can be complex. Seeking advice from a solicitor or a service like first4 landlord advice can help ensure you follow the correct procedures and avoid costly mistakes.

Understand Your Insurance Policy


Check whether your landlord insurance policy covers damage caused by squatters. Some policies may include provisions for legal expenses related to eviction.

Common Challenges in Removing Squatters


Lengthy Legal Process


The eviction process can be time-consuming, especially if the squatters contest the Possession Order. Be prepared for delays and ensure you have the necessary documentation to support your case.

Property Damage


Squatters may cause damage to your property, which can be costly to repair. Document any damage with photographs and keep receipts for repairs to support insurance claims.

Emotional Stress


Dealing with squatters can be emotionally draining. Seek support from professionals or landlord associations to help you navigate the process.

Conclusion


Removing squatters from your UK property requires a clear understanding of the legal process and a commitment to following the correct procedures. By taking proactive steps to secure your property and seeking professional advice from services like first4 landlord advice, you can protect your investment and avoid the stress of dealing with squatters.

Remember, residential eviction is a legal process that must be handled carefully to ensure compliance with UK law. Whether you’re dealing with squatters or other tenancy issues, staying informed and prepared is key to successful property management.

By following this guide, you can confidently address squatting issues and safeguard your property for the future. If you need further assistance, don’t hesitate to reach out to first4 landlord advice for expert support and guidance.

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