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A legal service for landlords is just a click away with our Landlord Helpline. Simply click below and complete our landlord helpline form which will be sent to a landlord and tenant solicitor.

 

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Definition of Trespassers

 

Trespassers are different to squatters in that they gain entry to the property by the use of force: they break in.

 

Rights of Trespassers

 

The police have power to arrest and remove trespassers in certain circumstances:

 

  • If there is evidence that the trespasser has used force to break into the building – e.g. a witness has seen the squatter breaking a window or lock- then the police can arrest the trespasser for the offence of causing criminal damage.

     

  • In addition, the police have powers to arrest a person for breach of the peace and/ or for the offence of aggravated trespass under the Criminal Justice and Public Order Act 1994.

     

    • In practice however, the police usually tend not to get involved until a court order has been obtained from the civil courts. Thus the only certain way to legally evict a trespasser or squatter from your property is through the courts.

     

    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

     

    Landlord Advice and Services

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    Before entrusting any organisation with legal work it is worth checking if they are regulated by the Solicitors Regulation Authority. This regulation gives clients a great deal of security both in terms of quality of work and conduct. You can also check with the Law Society details of the solicitor responsible for any work you trust this firm with.

     

     

     

     

     

     




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