Skip to main content

Insight article

January 16, 2015

Squatters: What to do when they return

Landlords have been plagued...

Landlords have been plagued by removing 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 must 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. Potentially, as long as there is a sufficient link between the two events, the Court should after a period grant the writ.

If you’ve got squatters and need assistance, speak to property litigator Laura St-Gallay today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • What is the Employment Rights Bill 2024?
    The Employment Rights Bill 2024 marks a pivotal moment in UK employment law, promising the most significant reforms in over three decades


    Read more
  • Autumn Budget Statement 2024
    Key implications for employment law, property law, and estate planning


    Read more
  • Disclosure against warranties in UK corporate transactions
    In UK corporate transactions, disclosure of information is a vital strategy for sellers to shield themselves from warranty claims when selling their shares or business.


    Read more
  • How the Employment Rights Bill 2024 impacts employers and businesses
    The government’s new Employment Rights Bill outlines significant changes to employment laws, focusing on workers' rights and flexibility.


    Read more
  • Business First Magazine
    Autumn/Winter 2024 Edition


    Read more

What they say...

  • Stephen, November 2024
    “Outstanding family lawyer who came through for me in a difficult case. In the world new to me of divorce and the aftermath, [Pippa Marshall] provided excellent advice from the first call and right through to conclusion. She made a difficult ex

  • M. M. Homes, November 2024
    “Charlotte explained everything very clearly and made the whole process nice and easy. Have already started recommending her to my friends.” Wills and LPAs

  • Nim, November 2024
    “I highly recommend James McMullan and his team. They all did a fantastic job with helping me through a particularly difficult family situation. They are extremely professional, caring, and experts in their field.” Probate and contentious

  • Man Kiu Wan, November 2024
    “Thank you Charlotte for your excellent and professional services.” Probate

  • Ms K, November 2024
    “I was recently made redundant, and my company had handled some of the process quite poorly. Patrick came recommended by a friend who had used him during her own redundancy, and I can now wholeheartedly recommend him myself. His initial consult

Read more
Send this to a friend