At WYN Legal, we aim to provide actionable tips and strategies to navigate complex legal issues. One of the most distressing scenarios we encounter is helping clients remove squatters from their residential properties. In this post, we delve into a case handled by our Senior Associate, Binal Shah, earlier this year and provide practical insights for property owners who might face a similar situation.
The Scenario: Returning to an Unwelcome Surprise
Our client returned from a two-month trip abroad to discover strangers occupying their home, furniture removed, and the property effectively taken over. Understandably distressed, they contacted us for immediate assistance. This case highlights the importance of acting quickly and methodically to resolve such situations.
Step-by-Step Approach to Removing Squatters
1. Initial Assessment and Advice
When a property owner contacts us regarding squatters, our first step is to confirm ownership of the property. Only property owners are eligible to file for an Interim Possession Order (IPO), which must be applied for within 28 days of discovering the squatters’ presence. If this timeframe is missed, a standard possession claim must be filed, which can be more time-consuming.
2. Filing for an Interim Possession Order
An IPO is a fast-track legal mechanism to regain possession of a property. Here’s what the process involves:
- Forms and Documentation: Filing an IPO requires completing specific forms, including the N5 (claim form for possession) and the IPO application itself.
- Witness Statement: A detailed witness statement is crucial. It should chronicle the circumstances surrounding the squatting, from the owner’s departure to discovering the squatters, including any interactions with law enforcement or evidence of the squatters’ presence.
- Court Filing: Once the documents are prepared, they are filed with the court, along with the required fee (£391 as of now).
3. Service of Documents
The court processes the IPO swiftly—often within 3-4 days. Once issued, the documents must be personally served to the squatters within 24 hours, using a process server. To ensure visibility, these documents are often affixed to the property in clear envelopes or delivered through the letterbox.
4. Preparing for the IPO Hearing
If the matter proceeds to a hearing, thorough preparation is essential. This includes assembling a hearing bundle with all relevant documents, such as the IPO application, witness statement, and certificates of service
What Happens After an IPO is Granted?
If the judge grants an IPO, it must be served on the squatters within 48 hours. The squatters are then required to vacate the property within 24 hours. Failure to comply makes their continued presence a criminal offence, allowing the police to intervene and enforce removal.
A full possession hearing is usually scheduled simultaneously with the IPO decision. Even after vacating, squatters can challenge the IPO, which would be addressed at this substantive hearing.
Top Tips for Property Owners Facing Squatters
- Act Quickly: Timing is critical. File for an IPO within 28 days of discovering squatters to take advantage of the expedited process.
- Seek Legal Advice: Consult legal professionals to ensure all steps are executed correctly and efficiently.
- Gather Evidence: Document the situation thoroughly, including photographs, timelines, and any correspondence with the squatters or police.
Top Tips for Property Owners Facing Squatters
- Act Quickly: Timing is critical. File for an IPO within 28 days of discovering squatters to take advantage of the expedited process.
- Seek Legal Advice: Consult legal professionals to ensure all steps are executed correctly and efficiently.
- Gather Evidence: Document the situation thoroughly, including photographs, timelines, and any correspondence with the squatters or police.
Why Choose WYN Legal?
At WYN Legal, we prioritise swift and accurate action in such distressing cases. Our team ensures every detail is addressed, helping clients regain their homes with minimal stress. While anyone can file for an IPO, working with experienced professionals like us ensures the process is handled seamlessly and effectively.
For more information about handling squatters or other property disputes, visit our website at www.wyn.legal or email Binal Shah (bshah@wyn.legal).
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