HIGH COURT ENFORCEMENT

Squatter Removal Writ of Possession

Overview

Squatting is when someone deliberately enters property without permission and lives there, or intends to live there. This is sometimes known as ‘adverse possession’.

Anyone who originally enters a property with the permission of the landlord is not a squatter. For example, if you’re renting a property and fall behind with rent payments you’re not squatting if you continue to live there. Although squatting in non-residential building or land isn’t in itself a crime, it’s a crime to damage property. It’s usually a crime not to leave land or property when you’re instructed to do so by property Landlord, managing agent or Solicitor.

Squatters have very limited rights in the UK. Anyone occupying a property without the owner’s permission can usually be removed through the proper legal process, and in most cases, the police or courts can assist with eviction. While squatters in commercial buildings may need to be removed through civil proceedings, they still have no legal right to remain. Only in very rare situations, where someone has occupied land or property openly and continuously for many years without challenge, might they be able to claim ownership, but this is uncommon and often disputed. Property owners must always follow the correct legal steps to have squatters removed safely and lawfully.

Enforcement of Possession Order

Once the Possession Order has been granted by the County Court, the Landlord, Managing Agent or Solicitor will be informed of the date by which the squatter(s) must vacate the property. If they fail to leave by this date, the Possession Order will need to be transferred up to the High Court through ourselves for enforcement at a cost of £350.00, broken down as follows:

  • Court Fee – £80.00 (no VAT)
  • Admin Fee – £180.00 (Including VAT)
  • Compliance Fee – £90.00 (Including VAT)

Once the High Court issues the Writ of Possession, we are required to serve the occupiers with FORM N54 (Notice of Eviction) at a cost of £420.00 (Including VAT). In most cases, this notice must give 14 clear days before enforcement can take place, unless the court has explicitly varied the notice period which may apply in certain squatter or trespasser cases.

If the squatters do not vacate the property by the deadline stated on the Notice of Eviction, our Certificated Enforcement Agents will attend the premises on the next working day after expiry of the notice to remove the squatters and return possession to the landlord. Where necessary, police assistance will also be requested to ensure the safety of all parties and the lawful execution of the writ.

 

 

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If not, get in touch with our friendly team who are on hand to answer your questions and get you started.

 

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