With our high streets and shopping centres rather more empty of
tenants than in previous years, and an increased interest in
squatters rights, landlords could be faced with the prospect of
unwelcome visitors, in the form of "pop-up shops", in the
run up to Christmas.
Vacant, inadequately secured shop units are often a magnet for
unlawful traders. Landlords will no doubt want to take action
rather than await the inevitable voluntary vacation after the
festive season. We outline some steps you may wish to
consider:
As a starting point you could just ask the unwelcome visitors to
leave voluntarily as they have no rights to be there. This is
unlikely to have the desired effect, however, it is worth a try and
perhaps a notice served by a process server may encourage the less
experienced squatter to vacate.
There is also the Criminal Justice and Public Order Act 1994 which
gives the police powers to remove squatters although they are very
often uninterested in getting involved. However, using your
powers of persuasion on the police might encourage the police to
use theirs on your squatters.
From a practical point of view premises left unattended at night
are easily repossessed by changing the locks. Be aware,
though, that you cannot take such action if anyone remains in the
premises. Practiced occupiers will camp out in the premises
to thwart repossession attempts. Common law allows you to use
"reasonable force" to remove trespassers but this is best
undertaken by bailiffs. There are risks involved as
"reasonable force" is difficult to predict and will
depend on the circumstances. Bailiffs exceeding reasonable
force will be your responsibility which could lead to civil and
criminal sanctions against you. That said, bailiffs can be a
cost effective solution; hire a professional, experienced bailiff
and results can be swift.
Finally there is the option of court proceedings. These are a
more costly and time-consuming but low risk strategy.
Obtaining a summary possession order from a County Court in respect
of commercial premises can take between 5 to 7 days.
Proceedings or enforcement action can be expedited in the High
Court for faster results. There are inevitable legal costs
with this type of action, however, a court order will be enforced
by court appointed bailiffs who can use force to remove trespassers
and their actions will not be your responsibility.
How you choose to deal with squatters will depend on numerous
factors such as: where the occupiers are, whether they are causing
damage, if they are a danger to themselves or others and how many
of them there are. The best course of action is obviously to
secure your premises effectively and keep the squatters at bay.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 26/11/2010.