Dealing With Squatters
Posted on: Category: Landlord News, Squatting, Squatters
Dealing With Squatters
What is squatting?
Squatting is when someone deliberately enters property without permission and lives there, or intends to live there. This is sometimes known as ‘adverse possession’. Squatting in residential buildings is illegal. It can lead to 6 months in prison, a £5,000 fine or both.
However, anyone who originally enters a property with the permission of the landlord is not a squatter. For example, if a tenant falls behind with rent payments, they are not squatting if they continue to live in the property.
It is usually a crime not to leave land or property when tenants are instructed to do so by:
- the owner
- the police
- the council
- a repossession order
A long-term squatter can become the registered owner of property or land they’ve occupied without the owner’s permission.
Stopping squatters legally possessing a property
The Land Registry will tell you if squatters apply for legal ownership of your property if it’s registered. Landlords must take action if they want to keep their property and should seek legal advice from a conveyance or solicitor.
Blocking a squatter’s application to legally possess the property depends on whether or not it is registered with the Land Registry.
Property owners have 65 days to object to an application and the Land Registry will tell you what you need to do. The Land Registry will reject the squatters’ application if you have a valid objection.
Once the squatters’ claim is rejected, landlords must take action to remove the squatters and reclaim the property. You won’t be able to object again if you’ve done nothing within 2 years of the original application and the same squatters reapply.
Removing squatters
You can remove squatters using an Interim Possession Order (IPO) or by making a claim for possession.
Don’t try to remove the squatters yourself using force or the threat of force, as you’ll be committing a crime if you do. Ask a solicitor if you need advice and help on making a claim for possession.
You can only apply for an IPO if it has been 28 days or less since you found out that your property has squatters.
Complete an application for an IPO and send it to your local county court. The court will send you confirmation of your IPO within a few days. They will also send you documents that you must give to the squatters within 48 hours.
After being served with an IPO, squatters can be sent to prison if they refuse to:
- leave your property within 24 hours
- stay away from your property for 12 months
To get final possession of the property, you must make a claim for possession. You can do this on your IPO application form or separately online.
IPO Exceptions
You can’t use an IPO if you are:
- making a claim for damages caused by the squatters. If this is the case, you should make an ordinary claim for possession.
- trying to evict former tenants, sub-tenants or licensees.
Reporting squatters
You should call the police if you:
- find people squatting in a residential property you own
- see someone breaking into anywhere
- think someone is squatting
