Vanessa Joll, Partner and Head of our
Property Disputes Team, and Kristine Ng examine the increase in
problems involving squatters.
It is no surprise that in times of economic downturn, we see an
increase in problems involving squatters. This can jeopardise
valuable sales and lettings of property, which are harder to secure
in the current market. The problem is compounded now squatters have
access to good quality advice about their rights and how to delay
the process of eviction (just Google "squatters rights"
to see what I mean!).
There remains a common misconception that possession proceedings
are slow and expensive. This does not have to be the case. In many
cases, if a property owner acts quickly upon discovering their
property is being squatted they are entitled to apply for an
Interim Possession Order (IPO) which, if properly prepared and
supported, can allow the owner to recover possession within as
little as 5 days. A final Order must be secured at a final hearing,
which is within 7 days of the interim hearing. That Order will
prevent the same occupiers from returning within 12 months. This
essentially means the whole process can be completed within just
two weeks.
Key points to remember are:
- Act quickly - you only have 28 days from discovering squatters to apply for an IPO
- Get advice - your evidence supporting an IPO must contain the correct information or your application will fail and you will be back to square one
- Serve your IPO quickly - once the IPO is obtained, you need to have it served. From service, squatters are required to leave within 24 hours
- Secure the property - once you recover possession, get professional advice on securing your property to prevent the same thing happening again.
This document is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from taking any action as a result of the contents of this document.
