Squatters’ Rights and Landlord Obligations in the UK

Squatters’ Rights in the UK: What Property Owners Should Know

In the UK, squatting refers to occupying a property without the owner’s permission. While it is illegal in residential properties, certain rights and legal processes protect squatters in other circumstances. Understanding these laws is crucial for property owners dealing with squatters.

Squatting Laws in the UK

1. Residential Properties:

   • Squatting in a residential property is a criminal offence under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
   • Squatters can face arrest, fines, or imprisonment.

2. Commercial Properties:

   • Squatting in commercial premises is not automatically a criminal offence.
   • Property owners must pursue civil action to remove squatters legally.

3. Adverse Possession:

   • In some cases, squatters can claim ownership of a property through adverse possession if they have occupied it for an extended period without the owner’s objection.

Rights of Squatters

1. Basic Rights:

   • Squatters cannot be forcibly evicted by property owners without following legal procedures.
   • They are entitled to basic human rights, including access to utilities and safety.

2. Adverse Possession Claims:

   • Squatters can apply to the Land Registry for adverse possession after 10 years (in some cases, 12 years) of continuous occupation.
   • The claim must show uninterrupted use of the property as their own.

How Property Owners Can Remove Squatters

1. Report to the Police:

   • For residential properties, contact the police immediately as squatting is a criminal offence.
   • Provide proof of ownership, such as title deeds or utility bills.

2. Issue a Possession Claim (Commercial Properties):

   • Apply to the county court for a possession order.
   • Once granted, use enforcement officers to evict the squatters legally.

3. Prevent Re-Entry:

   • Secure the property by changing locks and boarding up entrances after eviction.

Preventing Squatting

1. Regular Inspections:

   • Visit vacant properties frequently to ensure they are not being misused.

2. Secure Vacant Properties:

   • Install robust locks, alarms, and CCTV cameras.
   • Board up unoccupied properties to deter unauthorized entry.

3. Clear Legal Agreements:

   • Use clear tenancy agreements to prevent disputes over occupancy rights.

How Fraser Bond Can Assist

At Fraser Bond, we provide expert advice and services for property owners dealing with squatters:

• Legal Guidance:
  Assistance in understanding squatters’ rights and the eviction process.

• Eviction Support:
  Help with preparing and filing possession claims and liaising with enforcement officers.

• Property Management:
  Proactive management to secure and monitor properties, preventing squatting.

Conclusion

Squatters’ rights in the UK present challenges for property owners, but understanding the legal framework can help resolve issues effectively. Whether dealing with residential or commercial squatters, following the proper legal channels is essential for reclaiming your property.

For expert assistance and tailored solutions, contact Fraser Bond today. Let us help you protect your property and navigate squatters’ rights with confidence.