What are the Laws on Squatters?

By: Louise Smith, barrister - Updated: 20 Nov 2020 | *Discuss

 

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Under current English laws squatting is not a criminal offence. In most cases where squatters take over a property the owner, or the person entitled to occupy the property, will have to issue civil proceedings for repossession.

(Squatting is a criminal offence in Scotland. The article below provides an overview of the laws on squatting in England and Wales.)

The Laws on Squatters

Starting a Repossession Case Against Squatters

In legal terms squatters are known as trespassers. To start a repossession case against trespassers a Claim Form, Particulars of Claim and evidence must all be filed at court. The Particulars of Claim and evidence must confirm:

• that the claimant has the right to immediate possession of the property;
• how the claimant became aware of the trespassers;
• that the trespassers entered the property without permission.

The claimant will need several copies of the court documents. The court and claimant will each keep one and the claimant will need as many additional copies as are required to give the trespassers effective notice of the repossession case.

As soon as the court issues the repossession case they will provide the time and date for the hearing. The amount of notice which must be given to the squatters depends on the type of property. If the property is purely commercial the trespassers need only be given 2 days' notice of the possession hearing. If the property is residential, or partly residential, they must be given 5 days' notice.

Serving Court Papers on Squatters

The Hearing of a Repossession Claim Against SquattersSquatters should not have a defence to a valid possession claim. If all procedural requirements are complied with, the court should make an immediate possession order. In practice, the only reason why a judge should refuse to make a repossession order is if the claimant has not followed the rules or the judge is not satisfied that the occupiers actually are trespassers.

Interim Possession Orders and Squatters

Hearing and Enforcement of Interim Possession OrdersThe hearing of an interim possession order may take place in the absence of the occupiers. To obtain an interim possession order the claimant is likely to have to provide certain undertakings to the court which will take effect if the court subsequently decides that the claimant was not entitled to an interim possession order. These could include an undertaking that the occupiers will be allowed back into the property and that the claimant will pay them damages.

If an interim possession order is granted by the court it will require the occupiers to leave the property within 24 hours of the order being served on them. The court will set a time for a final repossession hearing, when the occupiers may attend and put forward any defence they wish to raise to the repossession claim. An interim possession order must be served on the occupiers within 48 hours of it being sealed by the court. Failure to vacate the property within 24 hours will be a criminal offence.

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