Squatting and the law
Overview
Squatting occurs when someone enters a property without permission and lives or intends to live there, sometimes referred to as 'adverse possession.'
Squatting in residential buildings (such as houses or flats) is prohibited. It is punishable by six months in prison, a £5,000 fine, or both.
Anyone who enters a property with the landlord's permission is not a squatter. For example, if you rent a home and fall behind on your rent, you are not squatting if you continue to live there.
Although squatting in a non-residential building or on land is not a crime in and of itself, it is a crime to cause damage to the property.
It is usually a crime not to leave land or property when directed to do so by:
the owner
the police
the council
a repossession order
Squatting in non-residential properties
Non-residential property is any structure or land not intended to be occupied.
It is not usually a crime to be on another person's non-residential property without permission. If squatters commit other crimes while entering or staying on a property, the police can take action.
Crimes include:
when entering the property and causing damage
causing harm while on the premises
refusing to vacate the property when instructed to do so
stealing from the property
unauthorised use of utilities such as electricity or gas
fly-tipping
ignoring a noise abatement notice
If you witness someone breaking into or causing property damage, contact the police.
Stop squatters from legally occupying property
If your property is registered, HM Land Registry will notify you if squatters apply for legal ownership; you must take action if you want to keep it.
If squatters try to claim your property, seek legal assistance from a conveyancer or solicitor.
Whether or not your property is registered with HM Land Registry determines how you block an application.
Registered properties
You have 65 days to object to an application; HM Land Registry will tell you what to do.
If you have a valid objection, HM Land Registry will reject the squatters' application.
Once the squatters' claim is rejected, you must remove the squatters and reclaim your property.
If you take no action within two years of the initial application and the same squatters reapply, you will lose your right to oppose.
Unregistered properties
You have the right to object to a squatter's application. HM Land Registry will advise you on what steps to take.
If your property is not registered, HM Land Registry may be unable to contact you.
HM Land Registry will determine whether your objection is valid; if so, they will ask if you want to negotiate with the squatters, such as offering to sell them the property. You'll have plenty of time to do so.
If you cannot agree, a tribunal will decide who owns the property; HM Land Registry will handle this.
Remove squatters
Removing squatters can be done using an interim possession order (IPO) or a claim for possession.
Do not attempt to evict the squatters using force or the threat of force - you will be charged with a crime if you do.
If you require assistance in bringing a possession claim, get legal counsel from a solicitor.
Interim possession orders (IPO)
You may only file for an IPO if it has been less than 28 days since you discovered squatters within your property.
Complete an application for an IPO and submit it to the county court in your area.
Within a few days, the court will confirm your IPO. Additionally, they will provide you with documentation to deliver to the squatters within 48 hours.
Squatters who do not comply with an IPO might be condemned to prison if they do not:
within 24 hours, vacate your property
remain away from your property for 12 months
You must file a claim for possession to obtain possession of the property. You can do this as part of your IPO application or independently online.
Exceptions
You cannot use an IPO if:
You also assert a claim for squatters' damages; alternatively, you should assert an ordinary claim for possession.
You are attempting to evict previous renters, subtenants, or licensees.
Possession claim
If it has been more than 28 days since you learned about the squatters, file a claim for possession.
Where to seek assistance
If you squat, you may be classified as homeless. Consult Shelter for advice.
Additionally, you might seek assistance from your local council.
Report Squatters
Contact the police if you:
discover individuals squatting at a residential house that you own
observe a break-in
believe that someone is squatting
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