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Insight article

January 16, 2015

What to do with returning squatters

Landlords have been plagued by the removal of one set of squatters only to find that another set, or indeed the same ones, have returned shortly thereafter. This is particularly more so since the criminalisation of squatting in residential premises in 2012. To remove squatters a landlord would need to obtain an order for possession […]

Landlords have been plagued by the removal of one set of squatters only to find that another set, or indeed the same ones, have returned shortly thereafter. This is particularly more so since the criminalisation of squatting in residential premises in 2012.

To remove squatters a landlord would need to obtain an order for possession in the local county court to the premises against “persons unknown” and the county court can enforce bailiffs.Transfer to the High Court can speed up a possession order.

What then happens if they return, as you can only enforce a writ of possession once?

A landlord does not need to go through the process again he can apply for a writ of restitution, which is effectively a writ in aid of another writ. The Court must give leave for the issue of the writ of restitution, even where the re-occupation is not by the same persons and potentially, as long as there is a sufficient link between the two events, after a period, the Court should grant the writ.

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