How to evict squatters from your property quickly and efficiently

Whilst trespass (“squatting”) of a residential building is a criminal offence under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the occupants stand to be removed by the police, we face quite a different scenario with empty commercial premises. Owners who suffer the misfortune of discovering unwanted guests in occupation face something of an uphill struggle to get their property back and, seemingly, the cards are stacked against them.

The perennial question of landowners, “How can it be … ? This is my property, they have no right to be there, the law ought to protect me … ?”, is one which continues to resound in squatting cases. But without sanction on the statute books, commercial property owners must obtain a possession order against ‘persons unknown’ who contend that they reside in the premises. Experience has shown that on many occasions – even in the face of sometimes evidential break-in – the police will deem the case a civil (not criminal) matter and one for the courts. So, the landowner is left to navigate the challenges of a technically intricate legal process within in an already over-burdened court system.

For the squatters, it is all a question of time; the inevitability of having to move on is always there, but their objective is to slow the process and try to frustrate possession for as long as possible. And (armed with the knowledge-bank resources and assistance available to them) they can be exceptionally adept at doing so.

How to protect your commercial property

Of course, security is key; there is no substitute for solid property-safeguarding measures, but this does not always prevent the most determined of trespasser. So, when occupation does take place, the landowner should move quickly to deploy the requisite know-how to attack the problem head-on. Fortunately, most County Courts do treat trespass as a cause for immediate application and allow attendance at the court counter to issue an urgent claim for possession – and then to list the matter quickly for hearing in the urgent business list.

Whilst a ‘horses for courses’ approach is needed to assess the requirements of each and every case, quite often the Interim Possession Order (“IPO”) route (regularly trumpeted as the quickest remedy) is not always the way to go and a regular trespass claim may well indeed deliver a faster, less costly and more efficient eviction. The key approach in terms of the legal process is know-how, focus and concerted action.

We seek to achieve those aims with a speedy preparation of the court papers, arranging service of the proceedings, attending the claim for possession and undertaking the court advocacy (without the need to instruct a barrister), and transferring the claim to the High Court for eviction by High Court Enforcement Officers (‘bailiffs’). Whilst trespass is an unwanted problem and undoubtedly stressful for the landowner to encounter, approached in the right way it can be resolved quickly and efficiently.

If you have questions or concerns about a squatter on your premises, please contact David Wise.