Fast, effective legal action to remove squatters and trespassers from your property. Interim Possession Orders, urgent possession claims and Criminal Law Act notices — acting within 24 hours.
Finding that squatters or trespassers have occupied your property is a stressful and potentially costly situation. Every day of unlawful occupation causes damage, reduces the value of your property, and creates legal complications. Legal Merchant's specialist solicitors provide urgent advice and action to remove squatters and unlawful occupiers from commercial and residential properties across England and Wales — often within days.
Since 1 September 2012, squatting in a residential building is a criminal offence under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. A person who is a trespasser, lives in a residential building, knows or ought to know they are trespassing, and intends to live there is guilty of an offence punishable by up to 51 weeks' imprisonment and/or an unlimited fine.
This means the police can arrest and remove squatters from residential properties as a criminal matter — you do not necessarily need to obtain a civil court order first. Our solicitors can advise on working with the police and, where criminal action is not forthcoming, obtaining a possession order through the courts.
Squatting in commercial premises is not a criminal offence — it is a civil trespass. Property owners must use the civil courts to obtain possession. However, there are fast-track procedures available that can achieve recovery within days rather than weeks.
The fastest civil court procedure. Available where the applicant has an immediate right to possession and the property has been trespassed upon within the last 28 days. An IPO can be obtained within 3–5 working days, requiring squatters to leave within 24 hours. Remaining after an IPO is a criminal offence.
A standard possession claim against persons unknown (where squatters cannot be individually identified) or named individuals. Can be issued on an urgent basis and heard within days where necessary. The court can order immediate possession.
Where squatters are causing ongoing damage or interfering with the property owner's rights, an emergency injunction can be obtained — sometimes on the same day, without giving the squatters notice (an ex parte application).
Once a possession order is obtained, High Court Enforcement Officers (HCEOs) can enforce it faster than County Court bailiffs — often within 24–48 hours of instruction. We arrange HCEO enforcement for swift physical recovery of the property.
The IPO procedure is specifically designed for trespass situations and provides the fastest route to a civil possession order:
Under section 6 of the Criminal Law Act 1977, it is a criminal offence for anyone (including the property owner or their agent) to use or threaten violence to secure entry to premises where they know that someone inside is opposed to the entry. This means property owners must not attempt to physically remove squatters themselves — doing so risks criminal prosecution. Always use the legal process.
However, a "protected intending occupier" (someone who has a right to occupy as a residence) can use section 7 of the Criminal Law Act 1977 to request that squatters leave a residential property.
Prevention is always better than cure. If you own vacant property, our solicitors advise on:
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