Squatters are most homeowners’ nightmare.
Despite its invasive nature, there are complex legal challenges in resolving squatting.
Namely, squatters’ rights.
What is a squatter?
A squatter is a person who stays on a property or land without the right to be there. They are thus ‘squatting’ on that land.
You usually find that squatters target properties that are unattended for a long time. Their goal is often to stay there for a long time without anyone noticing.
After a while, squatters rights’ may come into effect. In the government website’s own words:
A long-term squatter can become the registered owner of property or land they’ve occupied without the owner’s permission.
Squatting in residential properties is illegal. At the same time, squatting in commercial properties is not usually a crime.
In both scenarios, the case will often go to court.
If you can prove that people are squatting and don’t have the right to be there, you can remove them.
Contacting the council is the best first step. A repossession order usually follows this. The police may then forcibly remove the squatters.
Is squatting different from trespassing?
Yes, these two things are different. Trespassing refers to entering a property without permission.
On the other hand, squatting refers to occupying a property without permission. Squatters live in your house; trespassers don’t.
Note, trespassing should also not be confused with the right to roam.
Can homeowners personally remove squatters?
No, homeowners can’t do remove squatters themselves.
They’ll need to go through the correct legal channels.
What type of buildings does squatting happen in?
Abandoned buildings
Abandoned buildings will sometimes go for decades without anyone visiting.
This means that squatters often target it. The ownership of the building may be in dispute. Or the owner could simply be uncontactable.
Holiday lets
Holiday lets will often be vacant during colder months in the UK.
Squatters sometimes know this and may attempt to break into the property. Especially if online portals show that the house is empty.
Probate properties
The probate process can take several months, even in the best-case scenarios.
And this often means that no one is living on the property.
Squatters sometimes focus on probate properties if they learn someone has passed away.
Houses being renovated
Renovations are not always done quickly and efficiently.
Builders may spend weeks, or months, without visiting the site. And full projects can drag on for years. This leaves an opening for squatters.
Repossessed properties awaiting a sale
This is another example of a house that’s empty. Squatters will use this opportunity to live there while the months tick by.
Especially since repossessed properties are sometimes harder to sell.
Why do people squat in a property?
Experts debate over the causes of squatting.
Some argue that it’s caused by mental health and drug addiction. Others consider it a symptom of rising homelessness in the UK.
Sometimes squatters claim political reasons for their behaviour.
What are squatters’ rights in the UK?
There’s no doubt that squatting is illegal in the UK.
However, ‘squatters rights’ means that a squatter can become the legal owner of a property under specific circumstances.
The squatter must have lived in the house for at least 10 years.
And if they’ve acted as the house owner during that time – such as paying bills, carrying out redecoration, and so on – then they may have a valid claim.
Some argue this is just if squatters have lived there for 10 years, and the owner hasn’t noticed.
But when the application to take ownership of the property is made, the house’s original owner will be notified.
They must then act to keep the house in their name.
Of course, the real world isn’t always so straightforward.
An owner may try to evict squatters repeatedly over a 10-year period but find themselves stopped by various loopholes.
What to do if there are squatters on my property
1. Speak to a solicitor or the council
Your first step should always be to contact a solicitor, or the council. They can advise on the next steps. This includes information about your rights.
2. Get an IPO or claim repossession
An interim possession order (IPO) is what you need if it’s been less than 28 days since you found out that squatters are in your property.
You must complete an application and send it to your local county court.
If it has been more than 28 days since you found out, you must claim repossession.
It also involves an application, which costs roughly £391 to submit.
How to reduce the likelihood of squatters targeting my property
Keep the premises secure
Make sure that you have sophisticated locks on the property.
This stops intruders from getting in. You could have several layers of this security.
Install security cameras
Security cameras will often scare intruders away. Make sure they’re active and not disconnected.
Potential squatters know that you’ll have evidence of what’s happening, and what they look like.
Cameras are also a sign that someone visits there regularly.
Visit property regularly
You should stop by the property regularly.
Squatters will sometimes ‘scout out’ a house as a potential target in the weeks before.
They’re unlikely to target you if they see you coming and going.
Shut off utilities when it’s vacant
This is one of the first things your squatters will check if they enter your house.
By shutting off utilities (water, electricity and gas), you’ll decrease how attractive the property is to squatters.
