A comprehensive guide to getting rid of squatters

Are they actually squatters?

Are these people tenants who have refused to leave or pay rent after the lease has expired? They’re not squatters. Under these circumstances, the possession procedure is different and we’re not covering it here.

Squatting and criminal law

While squatting in a residential building is illegal, and can lead to a prison sentence, squatting in non-residential commercial properties is not actually a criminal offence. It’s a civil matter.

However, there are exceptions. You can get the police involved if the squatters have: 

• Caused criminal damage, either while entering or whilst at the site
• Stolen from the property
• Used utilities without permission
• Failed to obey a noise abatement notice
• Carried out fly-tipping
• Refused to leave when told to by a court

These are criminal offences, so the police can take action. But what happens when your squatters haven’t committed a crime? The answer depends on when you first discovered them at the property.

Fewer than 28 days

Provided it has been 28 days or fewer since you first discovered the squatting, you can apply for an Interim Possession Order (IPO). Note that the 28-day limitation starts from the date on which you first knew about the occupation, not how many days the squatters have been there.

An IPO is usually the quickest recovery option. Given the significance of the timeframe, it’s important to record exactly when you first discovered the squatters. Also, we recommend contacting a solicitor immediately. Waiting around and trying DIY solutions can be costly.

The IPO process is this: 

• You discover the occupation, record the date and seek legal advice
• You or the solicitor applies to the court for an IPO
• The IPO is served on the squatters
• The squatters must leave, generally within 24 hours, and stay away for 12 months
• Failure to comply is a criminal offence and they can be fined or imprisoned

More than 28 days

Has it been more than 28 days since you first knew about the occupation? You can still recover the property, although you’ve lost the option of the faster and easier IPO process.

You’ll need to instruct a solicitor to issue a possession claim under the Civil Procedure Rules. The process is paperwork- and evidence-heavy — proof of ownership, statements, CCTV or alarm records, photographs, inspection records and possibly more, depending on the circumstances.

This is a shortened, simplified version of how a possession claim works: 

• You assemble the evidence, and instruct a solicitor
• The solicitor prepares the claim against trespassers under the Civil Procedure Rules Part 55
• The claim is served on the court and the defendants (the trespassers)
• At a possession hearing, the court considers the evidence of possession, and whether the defendants are trespassers
• Once the court is satisfied as to the right of possession, it can make a Possession Order
• The Order requires the squatters to leave by a specific date

Bear in mind that a Possession Order does not give you the right to physically remove the squatters.

If they refuse to leave once the deadline has passed, you’ll need to go back to court for a Warrant of Possession. At that point, bailiffs or enforcement officers can attend to evict them.

The costs

If you think this sounds expensive, you’re right. Even when you’ve gained a costs order against the squatters, it’s notoriously difficult to recover the money.

Often, you won’t know the squatters’ names, and a costs order can’t be enforced against anonymous “persons unknown”.

So, what’s the potential cost of squatters in hard figures? It doesn’t make for pleasant reading. 

• Security and executing an IPO typically costs £2,000-£4,000
• Securing a standard possession order costs between £1,500 and upwards of £5,000
• Bailiff and enforcement fees can run up to £4,000
• Clearing out accumulated trash, biological waste or abandoned belongings starts at about £1,500 but can reach as high as £150,000 when significant damage has been caused

You should also factor in lost rental income, insurance penalties, reputation damage, and potential health and safety liability claims if someone is injured on-site during the occupation.

What NOT to do

It’s tempting to take matters into your own hands. The problem is, the DIY approach can end badly. At best, by wasting time you’ll lose the faster and easier IPO option. At worst, you can get landed with a health and safety liability claim or, as crazy as it sounds, end up breaking the law yourself.

With that in mind, here’s what NOT to do: 

• Threaten, assault or physically remove the squatters
• Send untrained staff into the building
• Change the locks while the occupants are out
• Throw away their possessions
• Cut off the utilities
• Deliberately damage the property
• Obstruct emergency entrances and exits
• Attempt to enforce a possession order yourself

Consider squatter eviction services

Professional squatter eviction services can be useful. They involve more than just throwing squatters out.

Firstly, a reputable company does the evidence-gathering for you. They quickly establish the number of squatters, their exact location, potential risks, and whether there’s evidence of criminal behaviour such as forced entry.

The inspectors document their findings in detail and, when needed, work alongside a solicitor to recover the property. This evidence, particularly chronological reports, makes the solicitor’s job substantially easier.

When the court order has been received, the eviction company coordinates with security professionals and enforcement officers. Once the squatters have gone, the property can be secured immediately.

How to stop squatters coming back

You’ve got the squatters out, so don’t allow them to walk straight back in. Besides, it’s far better to stop them from entering your property in the first place.

All intruders, including squatters, check out a building before they try to enter it. They’re looking for weak points, so here’s a selection of options for closing the gaps: 

• Secure the perimeter with tall, robust fencing and motion-sensor alarm systems
• Install steel security barriers on doors and windows to prevent initial entry
• A monitored CCTV system provides rapid detection, plus crucial evidence of crime for the police
• Keep the property well maintained to make its vacancy less obvious
• Strengthen access control systems 
• Arrange regular property inspections
• While the property is vacant, attendance by mobile patrols and K9 security units is a powerful deterrent to squatters

At CSG, we not only deliver those preventative security measures, we also provide a squatter eviction service which gives you a rapid response, expert guidance and a faster, lawful recovery. Get in touch for a no-obligation chat.