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Evicting Squatters

Squatters are people who live in a property without permission from the owner. Evicting them can be a complex legal process for landlords as they have some rights under the law. There are also different rules and court orders to navigate if you want to bring about eviction. Understanding squatter’s rights and your rights to evict as a landlord is crucial to navigating squatting.

This is a complete guide for property owners and landlords who need to evict squatters legally from their property. The content covers the legal process, the steps involved, and the potential challenges and risks associated with evicting squatters. 

We’ve written this for: 

• Property owners dealing with squatters

• Landlords facing unauthorised occupants

• Legal professionals advising on property rights

• Property managers and real estate investors

After reading property owners will be informed about their rights and the legal procedures necessary to reclaim their property and understand the benefits of seeking expert legal assistance from Lawhive.

Understanding squatters and squatter rights

Squatting is when someone lives in a property that they don’t have the legal right to live in. It is the process of illegally entering and living in a property without the permission of the owner. 

There is a difference between squatters, trespassers and tenants. Technically, the term squatter has no legal definition and is a subset of trespasser, which means someone who never had the right to occupy a property. 

Tenants can become trespassers when their tenancy ends and they fail to leave a property. 

Whereas, a squatter is anyone who has entered a property without permission from the owner (person with the right to occupy the property). Squatters can be owners, tenants or licensees. 

Squatters have very limited rights that apply in specific scenarios. Squatters can be evicted at any time, sometimes without warning. 

‘Squatter’s rights’ is a well-known term in the UK, but not many people know what this means legally. The term refers to adverse possession which is a process where long-term squatters can become the registered owner of a property or land they’ve occupied without the owner’s permission if:

• They have occupied a property for 10 successive years, 12 years if it’s not registered with the Land Registry

• The property is registered this is known as adverse possession and squatters would need to fill in a form to apply for ownership

How to remove squatters – the legal process

Landlords have legal rights against squatters. Evicting squatters is a legal process in which a landlord can remove a person from a property they do not own. It is essential that landlords understand their rights to remove squatters from their property and what they can’t do to recover the property legally. Solicitors can ensure the process is carried out legally and the rights of both parties are protected.

In England and Wales, squatting is illegal under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. This act makes anyone found squatting in a residential property liable to fines, eviction and even imprisonment. 

There is a process that needs to be followed. The initial steps a property owner should take when discovering squatters include documenting the situation and notifying the police. You should gather evidence to record the presence of squatters. You could take video footage or capture photos of squatters at your property. 

You may also be able to get witness statements from neighbours who have seen squatters coming and going. Collect this evidence together and present it to the police when you report squatters on your property. 

Following your report to the police, you will need to serve a notice to vacate, a legal document that informs squatters that they are not allowed to occupy the property and they must leave. This is an essential step in the process and it must be served correctly as there are certain legal requirements for serving eviction notices to squatters.

Serve an eviction notice:

• In person

• In the mail

If squatters don’t vacate the property following a vacation notice, landlords can file eviction proceedings in court. Taking legal action through the courts can include filing for an interim possession order (IPO) or a standard possession order. These court orders allow landlords to reclaim possession of their property themselves. 

If the squatters still don’t leave voluntarily, you can obtain a warrant for possession and use court bailiffs or enforcement agents to remove squatters. This is a useful tool if you want the squatters to leave immediately. Court bailiffs must carry out the enforcement of a warrant for possession, rather than a landlord.

Challenges and risks in evicting squatters

Removing squatters is not a simple process for landlords. Certain legal obstacles including potential legal challenges from squatters can prevent evictions, or at least delay them.   These include squatters claiming adverse possession. You may get an eviction order approved by the courts, however, they can be appealed by squatters and overturned.

Appeals can add to your legal costs, lengthen the time necessary for handling eviction and prevent landlords from beginning new tenancy agreements and collecting rent.

When landlords attempt to evict squatters, they can face physical risks. Any confrontation with squatters has the potential to go wrong as they may resist eviction. It’s therefore important to use professional services for eviction.

As mentioned, delays to eviction can lead to mounting costs in the legal process of evicting squatters. The longer the process takes, the greater the legal fees you’ll have to pay. Additionally, squatters may damage your property.

How to prevent squatters

As you can tell evicting squatters is not always the easiest task, so rather than reactively responding to a squatting issue, you can take positive steps to prevent squatters. 

Start by securing your property. If your property is vacant, it is at greater risk of squatters entering and taking up residence. One method for preventing squatters is installing security systems at the property. You can install visible cameras at the main entry points of the property to discourage squatters. Also, adding alarm systems will alert the neighbourhood to anyone trying to force entry to your property. 

You can also visit your property regularly to see if anything unusual has happened, look out for signs of forced entry.

Put up signs at entryways pointing out that squatting is illegal and that you will press charges if anyone squats at your property. 

Landlords can also take legal precautions to protect their property, including proper signage and keeping property documents such as titles up to date.

Costs and fees involved

There are various legal fees involved in recovering possession of a property from squatters.

You’ll need to pay:

• Solicitor fees

• Court fees

• Enforcement costs

The cost for a licensed solicitor to help with evicting squatters is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £112-£149, but in some cases, it could cost up to £186.

You may also need to cover the costs of property restoration. Potential costs could include repairing property damage caused by squatters and securing the property afterward. You may also choose to change the locks as the squatters may have a key to the property. 

Why choose Lawhive for agreement drafting?

Lawhive solicitors are experts in the eviction of squatters with extensive experience and specialisation in property law, particularly in handling complex and sensitive cases of squatter eviction. We have a deep understanding of the legal nuances and challenges involved in this complex area of law.

We combine technology and legal expertise. Our technology platform allows us to provide efficient and cost-effective services. 

We focus on understanding client needs and delivering tailored approaches for your unique legal solutions.

Legal services for property repossession

Following the correct legal process to evict squatters is essential otherwise landlords can face legal and financial penalties. 

Seeking professional legal assistance can help you correctly file court orders and enforce any action the courts take. 

To prevent squatters and keep your revenue stream flowing owners must act quickly and legally. Lawhive’s expert property solicitors can help when dealing with squatters to protect your property and rights. Get in touch with us today for a free case assessment.