Squatting has been a contentious issue in the UK for many years, often leading to legal battles between property owners and those who occupy properties without permission. While squatting in residential buildings is illegal, eviction specialists, squatters still have some legal rights under UK law. This article will explore the legal landscape surrounding squatters' rights, landlord obligations, and eviction procedures.

Understanding Squatters’ Rights

Definition of Squatting

Squatting is the act of occupying an abandoned or unoccupied building or land without the permission of the owner. In the UK, the legal stance on squatting differs depending on whether the property is residential or commercial.

The Legal Status of Squatting in the UK

  • Residential Properties: As per the Legal Aid, Sentencing and Punishment of Offenders Act 2012, squatting in a residential property is a criminal offense punishable by fines or imprisonment.

  • Commercial Properties: Squatting in commercial properties, while not a criminal offense, is a civil matter. Property owners must go through legal proceedings to remove squatters.

Adverse Possession: A Potential Loophole

Squatters may gain legal ownership of a property through adverse possession, which occurs when they occupy a property continuously for a certain period (typically 10 or 12 years, commercial eviction, depending on whether the land is registered or unregistered). The squatters must prove:

  • Continuous occupation

  • Exclusive control

  • No permission from the owner

Rights of Squatters in the UK

Protection Under the Human Rights Act

Squatters have some protections under the Human Rights Act 1998, particularly regarding their right to respect for private and family life.

Due Process and Eviction Protections

Squatters cannot be forcibly removed without due process. Landlords must follow legal eviction procedures, ensuring squatters are given appropriate notice and an opportunity to challenge the eviction.

Eviction Process for Landlords

Steps to Remove Squatters from Residential Properties

Since squatting in residential buildings is illegal, landlords can involve the police to remove squatters. However, if there is any doubt, landlords may need to seek a legal eviction order.

Steps to Remove Squatters from Commercial Properties

For commercial properties, the eviction process involves:

  1. Serving a Notice to Quit – A legal notice informing squatters they must leave.

  2. Applying for an Interim Possession Order (IPO) – If squatters do not leave within 24 hours, landlords can apply for an IPO.

  3. Court Proceedings – If the squatters still refuse to leave, landlords can seek a possession order through the court.

  4. Enforcing Eviction – If the court grants an order, bailiffs or enforcement officers can legally remove the squatters.

Commercial Eviction and Legal Considerations

Engaging Eviction Specialists

For commercial landlords, hiring eviction specialists can be beneficial in navigating complex legal procedures and ensuring squatters are removed lawfully.

Understanding Legal Costs and Timelines

  • The cost of evicting squatters can range from hundreds to thousands of pounds, depending on court fees and legal representation.

  • The eviction process can take anywhere from a few weeks to several months, legal for landlords,  depending on whether squatters contest the eviction.

Legal Advice for Landlords

Preventing Squatting

Landlords can take proactive measures to deter squatting, such as:

  • Installing security systems

  • Regularly inspecting vacant properties

  • Using property guardians

  • Securing doors and windows

Legal Support and Representation

Seeking professional legal advice can help landlords understand their rights, avoid legal pitfalls, and ensure proper procedures are followed when dealing with squatters.

Conclusion

While the UK has strict laws against squatting in residential properties, squatters in commercial premises still enjoy certain legal protections. landlord advice must navigate the legal system carefully to remove squatters lawfully. By understanding their rights, landlords can take appropriate action to protect their properties and ensure a smooth eviction process.