You may be forgiven for thinking that as a landlord/landowner that if squatters turn up on your land that there will be endless options available to you for the their removal. The reality is rather different. Below are some of the commonly perceived options and the truth behind them.
- Police - Generally not all that interested seeing the problem for what it is a civil matter and not a criminal matter. That said give them a call and see if they will lend a hand.
- Right of self help (evicting using ‘reasonable’ force) - Generally not recommended as owners may use too much force and find themselves being arrested, use too little and find themselves being removed themselves from their property. To add insult to injury the owner may face a claim for damages from the squatters!
- Interim possession orders - Sounds like a great idea, but here is the rub…they are more complicated, in the majority of cases slower, on the whole certainly less effective than the standard order for possession detailed below at paragraph 4.
- Order for possession - Relatively quick, the court hearing generally taking place within a few days after proceedings have been issued. It is difficult to frustrate a claim by the landlord for possession and those squatters who try often find themselves on the losing side of a court order. It is crucial that the process is strictly followed, the paper work is almost invariably on the large side so it is important to get it right from the outset. To avoid disappointment advice should always be taken from a qualified solicitor who specialises in this area of the law. To take advice from any other source would be folly and potentially a lot more costly than the advice in the first place!
The recipe for a quiet summer is to take the necessary steps to avoid falling victim to the squatters and if they do arrive to act quickly and within the law to minimise disruption, damage and cost.