Can a Landlord Use Bailiffs to Remove Squatters Quickly

Squatting is a significant concern for landlords in the UK and many other countries. It can cause financial strain, legal complications, and property damage tenant eviction specialists. When a landlord finds squatters on their property, they often seek the fastest possible method to reclaim possession. One common question is whether bailiffs can be used to remove squatters quickly. This article explores the legal framework, procedures, and best practices for landlords dealing with squatters.

Understanding Squatting: Legal vs. Illegal Occupation

What is Squatting?

Squatting refers to the act of occupying an empty or abandoned property without the owner’s permission. It is different from a tenancy dispute, where a legal tenant refuses to leave after their lease ends.

Is Squatting Illegal?

In England and Wales, residential squatting is illegal under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. However, commercial property squatting remains a civil matter, requiring landlords to seek court intervention for eviction.

Legal Methods for Removing Squatters

Can a Landlord Evict Squatters Without Court Action?

Landlords cannot forcibly remove squatters without legal proceedings. Attempting to evict squatters through intimidation, threats, or physical removal is illegal and could result in legal consequences for the landlord.

The Role of the Police

For residential properties, landlords can report squatting to the police. Since squatting in a residential property is a criminal offence, the police may take immediate action by arresting the squatters. However, for commercial properties, landlords must follow a civil eviction process.

Using Bailiffs to Evict Squatters

Can Bailiffs Remove Squatters Immediately?

Bailiffs cannot remove squatters without a court order. The landlord advice must first apply for an interim possession order (IPO) or a possession order through the courts.

The Court Process for Eviction

1. Apply for an Interim Possession Order (IPO) – If the landlord acts within 28 days of discovering squatters, they can apply for an IPO. Once granted, the squatters must leave within 24 hours, or they can face arrest.

2. Possession Order – If the landlord does not apply within 28 days or needs a more permanent solution, they must apply for a standard possession order.

3. Enforcement by Bailiffs – If squatters refuse to leave after a possession order is granted, the landlord must request bailiff enforcement through the court. County Court Bailiffs or High Court Enforcement Officers (HCEOs) will then handle the eviction.

High Court vs. County Court Bailiffs

• County Court Bailiffs – Typically slower due to court backlogs and administrative processes.

• High Court Enforcement Officers (HCEOs) – Can execute evictions more quickly if the possession order is transferred to the High Court. Landlords must request permission to use HCEOs, but this method is often faster and more efficient.

Steps for Landlords to Take

1. Verify the Type of Squatting

• If the property is residential, report the squatters to the police.

• If commercial, begin the civil eviction process.

2. Apply for an IPO or Possession Order

• Gather evidence proving ownership and the presence of squatters.

• Submit the required court forms and pay the applicable fees.

3. Enforce the Order with Bailiffs

• If squatters refuse to vacate, instruct bailiffs for enforcement.

• Consider using HCEOs for a faster eviction process.

4. Secure the Property Post-Eviction

• Change locks and improve security measures.

• Conduct necessary repairs to prevent future squatting.

Preventative Measures for Landlords

• Regular Property Inspections – Frequent visits can deter squatters.

• Secure the Property – Install security systems, fencing, and locks.

• Use Property Guardians – Renting the property to guardians ensures occupancy and reduces squatting risks.

• Swift Legal Action – Addressing unauthorized occupancy early prevents prolonged legal battles.

Conclusion

While bailiffs can remove squatters, they cannot act without a court order. The eviction process involves legal steps, including obtaining an IPO or possession order and using enforcement officers when necessary. Landlords should follow the correct procedures and take preventative measures to minimize the risk of squatting in the future.