When a tenant stops paying rent but refuses to leave, it can feel like your property has been hijacked. This is known as tenant squatting, and it’s a growing problem for landlords. Unlike trespassers or traditional squatters, these are people who originally had the right to occupy your home — but have overstayed their welcome and are now there illegally.
Here’s what to do when a tenant squats in your property, how to secure it once they leave, and why acting fast is key to protecting your investment.
Take these steps immediately once your property becomes vacant:
Here’s what to do when a tenant squats in your property, how to secure it once they leave, and why acting fast is key to protecting your investment.
What to Do When a Tenant Leaves
The period after a tenant vacates is one of the most vulnerable times for your property. Whether the tenant left on good terms or you had to evict them, an empty home is an easy target — sometimes even by the same tenant returning illegally.Take these steps immediately once your property becomes vacant:
- Inspect the property thoroughly – Check that all windows, doors, and gates are secure.
- Change the locks – Even if you collected all keys, former tenants could have made copies.
- Install window locks and an alarm – Adding visible security features can deter unwanted return.
- Consider a professional void property security service – Specialists can fit boarding, alarms, and perform checks.
- Notify your insurer – Tell your insurance provider the property is empty and confirm you’re still covered.
By securing the property properly after the tenant leaves, you greatly reduce the risk of re-entry or squatting.
Do Not Attempt Self-Eviction
Even though they are overstaying illegally, you cannot use force, threats, or harassment to remove them. Doing so could expose you to criminal or civil liability.
Serve the Correct Notice
You will still need to follow proper eviction procedures. This usually means:
What If the Tenant Stays After Their Lease Ends?
If a tenant refuses to leave at the end of their tenancy, they are no longer legally entitled to remain and are effectively squatting. In this case:Do Not Attempt Self-Eviction
Even though they are overstaying illegally, you cannot use force, threats, or harassment to remove them. Doing so could expose you to criminal or civil liability.
Serve the Correct Notice
You will still need to follow proper eviction procedures. This usually means:
- Serving a Section 8 or Section 21 notice (in England & Wales), depending on the circumstances.
- Waiting out the notice period
- Applying to the court for a possession order if they still don’t leave.
If you already have a possession order and they stay beyond the court’s deadline, you can instruct bailiffs or High Court enforcement officers to remove them lawfully.
What If the Tenant Leaves but Squatters Move In?
Sometimes, after a troublesome tenant finally leaves, other squatters take their place. If you discover that strangers have entered your empty home, the law treats this differently:- If the property is a residential home or about to be occupied as a home, squatting is a criminal offence. Call the police immediately.
- If the police refuse to act, you may have to apply for an Interim Possession Order (IPO) within 28 days of discovering the squatters. This fast-track court order can have them removed quickly.
Failing an IPO, you would need to file a standard possession claim – a slower process.
Tips for Landlords Facing Tenant Squatting Tips for Landlords Facing Tenant Squatting
- Act quickly – The longer you wait, the harder it is to recover possession.
- Keep records – Document rent arrears, communications, and any damage.
- Get professional help – A solicitor can ensure notices and court documents are correct and deadlines are met.
- Secure your property afterwards – Prevent a repeat situation by upgrading locks and security.
Why Work With Experts?
Dealing with tenant squatting can be stressful, costly, and time-consuming — but it doesn’t have to be. At WYN Legal, we help landlords regain control of their properties quickly, lawfully, and with minimal disruption.
From serving notices to securing possession orders and coordinating bailiffs, our team manages every detail for you.
Your property is your livelihood. Don’t let squatters or overstaying tenants take that away.
For advice or to instruct us, visit www.wyn.legal or email Binal Shah at bshah@wyn.legal.
