Evicting Squatters - The Process
If you discover trespassers or squatters in your property you
should be able to secure their eviction quite legally within a two-week
period, providing you go about the process correctly. However, the
eviction process may take longer if the squatters are organised.
Preliminary Issues
Do not try to use force to remove or otherwise proceed with
the eviction of squatters - you could find yourself guilty of a
criminal offence under the Criminal Law Act 1977. It is a good idea to
have a witness with you at all times when dealing with the squatters,
to ensure you are able to disprove any allegation that you used force
or threatened violence.
Remember that peaceable re-entry is legal and acceptable.
Therefore you can legitimately try to persuade the squatters to leave
voluntarily. It may be worthwhile offering to pay for temporary
accomodation and removals for the squatters: establishing some sort of
rapport in this manner may help you to persuade squatters to leave
quickly.
If this fails then contact the police - they may be willing
to assist with the eviction of squatters, particularly if occupation is
recent and there is evidence of forced entry.
Prepare for court. Try to get evidence to prove that there
are unauthorised persons in your property - names of trespassers if
possible, photographs, and statements from neighbours and other
residents. Collate evidence of your ownership including Land Registry
documentation, title deeds, tenancy surrender documents etc.
Legal Process
Contact Bartletts Solicitors to start proceedings aimed at
securing the eviction of the squatters.
Squatters will attend the hearing in an attempt to delay the
eviction process by forcing a second hearing date especially if the
landlord's evidence is lacking.
With a Possession Order the landowner can ask the squatters
to leave. If they refuse the landowner can instruct the court bailiff
to proceed with squatters eviction, calling on police assistance if
necessary.
Once possession is regained, the locks should be changed and
the premises properly secured.
Note that a quicker eviction of squatters procedure
now exists
which allows landowners to apply for an interim possession order,
pending a judge’s decision to grant a full possession order.
Guide to Evicting Squatters
Bartletts Solicitors offer a full guide to legal issues
surrounding
the eviction of squatters and trespassers from landlords' property:
Part One: Definition,
Rights and Organisation of Squatters
Part Two: Preliminary
Issues and Legal Process
Part Three: Preventing
Squatters
Part Four: Definition
and
Rights of Trespassers
