If you are a landlord or tenant requiring advice or assistance with the squatter eviction process in commercial property or even in residential property, the expert lawyers here at Lewis Nedas can help.
Owning managing and letting a commercial property in London can be challenging, and where your income is threatened by squatters on your property, you need a legal team that can act quickly to help you. The longer you wait, the more complicated the process can become, not to mention the risk of damage to your property.
This post looks at the general process for removing squatters from your property, but if you require more specific advice on squatters, or any other matter relating to commercial property, contact our team today. You can get in touch by calling 020 7387 2032 orcomplete our online enquiry form and we will get back to you right away.
Removing Squatters from a Commercial property in London
If you own or manage high-value commercial properties in London, or other major cities, you will no doubt be aware of the risks involved in leaving the property empty. Not only is the premises at risk of a break in or vandalism, but also of occupation. Squatters can be very organised, running an efficient system for occupying commercial premises. They will frequently move from unit to unit and will take advantage of groups set up to advise them of their rights such as the Advisory Service for Squatters. This can make evicting squatters difficult, as they will often be highly educated in their rights as squatters. Furthermore, the police will rarely remove squatters given their limited resources.
How Can I Remove Squatters from my Premises?
You must never attempt to remove squatters yourself by use or threat of force. This is a criminal offence. You can remove squatters using an Interim Possession Order (IPO). You may only use an IPO if it has been 28 days or less since you discovered the squatters, so it is important to act quickly.
You must file an IPO application with your local county court. The court will send you confirmation of your IPO within 48 hours, along with documentation to give to squatters.
Squatters can be sent to prison after being served with an IPO where;
- They fail to leave your property within 24 hours
- They re-enter your property within 12 months
In order to get final possession, you must also make a claim for possession. You can do this as part of your IPO application.
Claim for Possession and Summary Possession Order (SPO)
The situation becomes more complicated where you wish to bring a claim for damages caused by squatters, or where more than 28 days have passed since you became aware of the squatters. Also, an IPO only secures the property being vacated, you still need to regain full possession.
After an IPO has been granted, a hearing will be set in which squatters may attend to state whether they believe they are entitled to occupy the property. In reality, squatters rarely attend, and if the court is satisfied with your entitlement to the property, they will grant an SPO.
An SPO is the legal route used where you did not apply for an IPO. Whilst this may be a cheaper option than the two-step process, without an IPO squatters may still be in possession of the property. The process of evicting squatters at this point can take several weeks, and there is an increased risk of damage to your property or theft.
Once you have gained possession of the property, you should change the locks and ensure the property is secure. To discuss your specific concerns with our team and get your property back, contact us today.
Contact our Property Litigation Solicitors Mayfair and throughout London Today
Having squatters in your property can be stressful and can end up costing you a substantial amount of money in lost rent and damages. Our specialist property lawyers provide pragmatics, practical advice and take action to remove squatters quickly.
At Lewis Nedas, our team of Property Litigation Solicitors have broad experience in both commercial and residential property litigation. We have successfully advised clients with highly complex and multi-faceted cases. To speak with one of our Property Lawyers, please contact us on 020 3811 3589 or complete our online enquiry form.
Owning managing and letting a commercial property in London can be challenging, and where your income is threatened by squatters on your property, you need a legal team that can act quickly to help you. The longer you wait, the more complicated the process can become, not to mention the risk of damage to your property.
This post looks at the general process for removing squatters from your property, but if you require more specific advice on squatters, or any other matter relating to commercial property, contact our team today. You can get in touch by calling 020 7387 2032 or complete our online enquiry form and we will get back to you right away.
Removing Squatters from a Commercial property in London
If you own or manage high-value commercial properties in London, or other major cities, you will no doubt be aware of the risks involved in leaving the property empty. Not only is the premises at risk of a break in or vandalism, but also of occupation. Squatters can be very organised, running an efficient system for occupying commercial premises. They will frequently move from unit to unit and will take advantage of groups set up to advise them of their rights such as the Advisory Service for Squatters. This can make evicting squatters difficult, as they will often be highly educated in their rights as squatters. Furthermore, the police will rarely remove squatters given their limited resources.
How Can I Remove Squatters from my Premises?
You must never attempt to remove squatters yourself by use or threat of force. This is a criminal offence. You can remove squatters using an Interim Possession Order (IPO). You may only use an IPO if it has been 28 days or less since you discovered the squatters, so it is important to act quickly.
You must file an IPO application with your local county court. The court will send you confirmation of your IPO within 48 hours, along with documentation to give to squatters.
Squatters can be sent to prison after being served with an IPO where;
- They fail to leave your property within 24 hours
- They re-enter your property within 12 months
In order to get final possession, you must also make a claim for possession. You can do this as part of your IPO application.
Claim for Possession and Summary Possession Order (SPO)
The situation becomes more complicated where you wish to bring a claim for damages caused by squatters, or where more than 28 days have passed since you became aware of the squatters. Also, an IPO only secures the property being vacated, you still need to regain full possession.
After an IPO has been granted, a hearing will be set in which squatters may attend to state whether they believe they are entitled to occupy the property. In reality, squatters rarely attend, and if the court is satisfied with your entitlement to the property, they will grant an SPO.
An SPO is the legal route used where you did not apply for an IPO. Whilst this may be a cheaper option than the two-step process, without an IPO squatters may still be in possession of the property. The process of evicting squatters at this point can take several weeks, and there is an increased risk of damage to your property or theft.
Once you have gained possession of the property, you should change the locks and ensure the property is secure. To discuss your specific concerns with our team and get your property back, contact us today.
Contact our Property Litigation Solicitors Mayfair and throughout London Today
Having squatters in your property can be stressful and can end up costing you a substantial amount of money in lost rent and damages. Our specialist property lawyers provide pragmatics, practical advice and take action to remove squatters quickly.
At Lewis Nedas, our team of Property Litigation Solicitors have broad experience in both commercial and residential property litigation. We have successfully advised clients with highly complex and multi-faceted cases. To speak with one of our Property Lawyers, please contact us on 020 3811 3589 or complete our online enquiry form.
