A squatter is someone who has deliberately entered a property without permission intending to live there or lives there. This is not the same as someone who entered the property with permission. For example, a tenant whose tenancy has expired.
Squatting in residential premises a crime (which carries up to 6 months in prison, a £5,000 fine or both). However, the police are often reluctant to get involved, since it became a crime in 2012 the Metropolitan police have prosecuted less than 15 people for this offence. If the property is non-residential, squatting in itself isn’t a crime and the police are even less willing to intervene. As frustrating as it is, don’t try and evict the squatters yourself using force, or you may find the police are suddenly interested – In You !
Some believe an interim possession order to be a faster route to remove squatters as opposed to going straight for a possession order, but this not necessarily the case.
Every one of these conditions must be met, At the hearing for the final possession order, the judge could allow the squatters back in or to remain if all the conditions have not been met.
If the squatters leave within 24 hours of notice of the order being served no further enforcement action is required. However, if they don’t leave, the claimant will then have to rely on the police to remove them as defying the order is an offence. However, as we have seen the police do not want to get involved more often than not.
The claimant will then have to wait for the final order of possession before they can instruct enforcement agents such as London Bailiff Services to obtain a writ to carry out the eviction.
A Part 55 claim for a possession order may well be the faster and more certain route, there will only be one hearing and the first and only time they are evicted is by enforcement agents acting on High Court writ.
If the claimant transfers the possession order to the High Court for a writ of possession, an order against “persons unknown” does not require any permission to be transferred and once sealed the writ can usually be executed immediately.
Remember that with an Interim order, there is no guarantee that it will succeed, it is as the name states, an interim measure while the case is being fully considered.
This point is extremely important, as some enforcement agents and security companies are known to evict squatters based on an Interim Order. This is illegal and the claimant may be liable for their actions.
Squatting in London is on the increase and poses a significant threat to property owners, but proactive measures such as early detection and intervention are crucial in preventing squatters from establishing themselves in your property. Should you find squatters in your premises, contact London Bailiff Services immediately, and work with us and expert Solicitors who can guide you through the decision-making process as to which avenue to pursue.
Whatever route is best for you, our highly trained and experienced eviction team has the legal knowledge and expertise to swiftly remove squatters and restore your property to you in the shortest possible time frame and with the least amount of trouble. CONTACT US
PLEASE SELECT YOUR LANGUAGE >>>
