Squatters

Squatting is occupying someone else’s property without their permission.

Squatting in residential properties can be against the law. Those found guilty of this offence could face 6 months in prison, a fine of up to £5000 or both.

If the property is non-residential, occupation is not a criminal offence, unless the property has been damaged or the squatter uses its utilities.

If the squatters refuse to leave the owner will generally have to commence civil proceedings in the Courts to remove the squatters.

There is a special Court procedure in place for dealing with squatters.

The usual process is to obtain a Court order to evict the squatters which is then enforced by Court officers. Squatters can be removed quite easily and we can advise on the most effective solutions. However, it is important that the owner acts quickly as otherwise the problem can escalate and can quickly mushroom into a major headache.

Often the squatter initially had the owner’s permission to occupy the property but then remained in the property without permission, leading to a property dispute eg where an employer allows an employee to occupy staff accommodation eg a caretaker’s flat. In those cases the process for removing the occupier is generally the same as if the squatter had initially gone in to occupation without permission, but there are some additional restrictions in place where the property is residential.

In some cases the squatter can acquire ownership of the property under what is known as “squatters’ rights”; provided that they have occupied the property without the true owner's permission for at least 10 years if the legal title was registered at HM Land Registry, or for 12 years if the title is not registered. In the former instance squatters can acquire squatters’ rights but there is a “warning off” procedure in place and the true owner is in a much stronger position.

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