Removing trespassers and squatters

What do you do first?

You have discovered trespassers in your property. What are the first steps to take?

• You will need evidence to prove to the Court that there are unauthorised persons in your property so you should make one or two visits at different times of day and keep a record of what you see. If you speak with any of the trespassers, you should ask for a name. If you have not seen the trespassers yourself, we shall need a statement from someone who has.
• You should contact a Solicitor immediately. You will fall foul of the Protection from Eviction Act if you attempt to remove the unlawful occupiers yourself. You must obtain a Court Order.

Beginning proceedings

When you contact us, we can immediately begin proceedings through the County Court on your behalf.  All we need is an account of how you know the property is unlawfully occupied and evidence that you are the owner of the property.  We can obtain this by applying for Office Copy Entries from the Land Registry.

Proceedings can be issued within two days.  Once issued, the Court will allocate an early hearing date.  The trespassers must be given five clear days' notice and we must personally serve the proceedings upon the trespassers.  We would usually instruct a process server to do this.  If he cannot serve the trespassers personally, he will affix the notice of proceedings to the door of the property.

What happens at the hearing

The hearing is usually straightforward.  The trespassers may turn up but, unless they can show they have some sort of legal interest in the property, they can have no defence to the claim for possession and the Court will usually make an Order, giving you possession immediately. 

If the trespasser refuse to leave voluntarily, we will then ask the Bailiff to fix an eviction appointment and have the Police on standby to assist, if necessary.  Once possession has been handed over by the Bailiff, you will need to change the locks and make sure the property is secure.

How long will it take?

The entire process should be completed within no more than two weeks assuming everything proceeds smoothly.  Wright Hassall treats these cases as urgent and they are given priority to ensure that you regain possession of your property as quickly as possible.