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Email: info@landlordassist.co.uk

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Eviction of Squatters

Eviction of Squatters from Residential Property:
Under the 2012 Legal Aid, Sentencing and Punishment of Offenders Act a person squatting in a residential building is committing a crime. If squatters have taken over your home or a residential building then the chances are that they are breaking the law.

It is important to bear in mind that the Police are unable to act in instances where the Squatter was in the property before 1 September 2012 as prior to this date it was a civil rather than criminal matter. The law is however retrospective and so even if the squatters entered before 1 September 2012, on the basis that they are there after this date the Police should be able to act.

As Squatting is a criminal offence you should, in the first instance contact the Police. Landlords however should be aware that the act of squatting cannot occur where tenants refuse to leave at the end of an agreed tenancy or indeed if the tenant does not pay the rent when due. The act of Squatting is therefore likely only to have occurred where someone has entered a residential property without the permission of the landlord or landowner.

In the event that the occupier of the property originally had the permission of the owner then you should use the standard possession process. If the property is a commercial property then you should follow the following three stage process.

Squatter Eviction from Commercial Premises

Landlord Assist arrange for the preparation and drafting of proceedings. These will be lodged on the Court with the request of an early hearing in view of the difficulties the landlord is experiencing with the squatters.

The appropriate documents will be served upon the squatters once a hearing date has been determined. One of our legally qualified colleagues will attend the hearing and appear before the Judge in order to attempt to obtain the order.

Once a possession order has been obtained from the Court, the squatters need to be evicted. Bailiffs will orchestrate the eviction and the property reunited with the rightful owner.

Consult our Landlord and Tenant team to find out how we can help you.