GETTING RID OF SQUATTERS ADVICE FOR LANDLORDS FROM LETTINGFOCUS.COM

GETTING RID OF SQUATTERS - ADVICE FROM LETTINGFOCUS.COM

LettingFocus.com landlord expert David Lawrenson explains what you need to know to get rid of squatters. Ask us for help with your buy to let problems.

Property consultant David Lawrenson of www.LettingFocus.com says, "Squatters are possibly every landlord’s worst nightmare."

When is a Squatter not Squatting!

First things first, if your tenant decides not to leave when he should - say after the expiration of a section 21 notice - he’s not a squatter.

For tenants like this you’ll have to use normal court processes to get them out and not rely on your own “self help” measures.

If it is an eviction of an assured shorthold tenant following non-payment of rent or because they have not left at the end of the tenancy and after the appropriate correct notices have been served, you can probably follow the court procedures yourself without having to pay for the services of a solicitor.

Real Squatters

Real squatters are people who have no right to be in your property, either because your tenant has let them in (and they are not on the tenancy agreement and there has been no agreement by you to allow them to sub-let), or they could be a third party who has simply let themselves in, while the property was left empty, unoccupied and unsecured.

In effect they are trespassers. (In fact there is no legal definition of squatter!)

If a trespasser is in occupation you ARE able to rely on self help measures (i.e. not involving the court) to get the property back.

Clearly, what you have to do is somehow get into the property and change the locks and secure it. But herein lies a problem.

Although you can do this yourself - and you would be wise to have the police there when the squatters come back – what you cannot do is use forceful entry if one of the squatters is actually in the property at the time and opposes you.

Clued up Squatters

Of course, all clued up squatters know this, and so they always make sure that someone is in the property at all times. Since many won’t have jobs, this is often not a problem for them!

And if you ask the police, you'll usually find they will not be interested in helping you.

In these cases, if you try to get them out they will probably quote the relevant law – which is section 6 of the Criminal Law Act 1977 - and no doubt call the police to stop you from trying to evict them.

To counter this you will need to use the special court processes for trespassers. Usually the paper can be issued in about four weeks but if you go down this route (or indeed any route to get rid of squatters) you are strongly advised to use the services of a solicitor to help you.

For most people this will be the most attractive option and is usually easier than waiting in vain for them to go out so you can go in and change the locks. It is also much better from the point of view of your own physical safety!

Bailiffs

The good thing here will be that you only have to wait about a month and the occupiers will nearly always go just before the bailiffs arrive, taking their stuff (or at least the stuff they want to take) with them.

If the property was your former home, or was somewhere that you were about to move into then this you have a right to get back in.

If this is the case though you will need to prove it was your former home or that you have recently bought it and intended to move into it as your home.

What if my Tenant Let Squatters In?

If your tenant let squatters in (and assuming you did not allow your tenant to sublet to them), it gets a bit more complicated.

What happens here depends upon whether your tenant told you he was going or not.

If he didn’t say he was leaving - then even if you suspect that he has definitely left and even though someone else is in the property - it’s probably best to be safe and pursue the normal track court possession routes through the courts to get possession. (In other words, you would still in effect have to assume that your tenant was in possession!)

Keep Secure at All Times

To avoid people just letting themselves in to your property and becoming squatter–trespassers, its essential to keep your property secured at all times, especially between tenancies and before the completion of the conveyancing.

Windows should not be left open because with no evidence of forced entry, squatters cannot be treated as burglars.

To avoid letting to tenants who up sticks and abandon a property to others, you have to rely on a thorough tenants reference check, including a check with former landlords.

A Word of Caution

Finally, a word of caution, this article is a rough guide only and not intended to replace or substitute proper legal advice in any way.

So, if you have a problem with squatters you are strongly advised to seek proper legal advice from a solicitor experienced in dealing with squatters and housing law.

About David Lawrenson and Lettingfocus.com

If you need more advice on difficult tenants or managing let property please contact me. I’m David Lawrenson from property investment experts LettingFocus.com.

I’m the author of the buy to let book “Successful Property Letting - How to Make Money in Buy to Let” which is the UK’s top selling property title. Click here to buy the book: Successful Property Letting.

At LettingFocus.com is that we offer independent landlord information because unlike most people in the buy to let and property “advice” business we are not linked to a property company, developer, estate agent or bridging loan financier and do not receive commissions from any of these sources either.

We show you how to make money in property without taking undue risks with your capital and in ways that are ethical and stress free.

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