You may have become aware through recent news reports that squatters have taken possession of the £13 million Grade II-listed York & Albany hotel and gastropub, owned by Gordon Ramsay. Situated near Regent’s Park in London.
What is squatting?
Squatting is an act of someone deliberately entering property or land which they do not own and without permission from the legal owner with the intention of living there.
Is Squatting illegal?
Squatting in commercial buildings is generally not considered a crime but there may be other crimes committed such as criminal damage (when entering property) or failing to leave a property following a court order. However squatting in residential properties is illegal and can result in a £5,000 fine and/or 6 months in prison.
What rights do Squatters have?
If a squatter has been occupying a property for 10 years (if the property is registered) or 12 years (if the property is unregistered), they can eventually become the registered owner. However, they will need to demonstrate that they have acted as the owners of the property and that they did not have the owner’s permission.
If squatters apply for adverse possession, the Land Registry will inform the existing owner of the property who will have 65 days to object. A valid objection will result in the squatter not becoming the legal owners of the property, however, the existing owner will need to take action to remove the squatters and reclaim the property.
Can the police get involved?
In removing a squatter, it is essential that you follow the law in doing so.
You should call the police where:
The property is a residential property.
The property is a commercial property and there is evidence of criminal damage to gain entry into the property.
How can WYN Legal help?
At WYN Legal, we can assist you in working rapidly and robustly in applying to remove squatters from a property. We can assist you in:
Assessing the merits of obtaining an IPO.
Applying an IPO, including drafting the various court forms and witness statements.
We can assist you with lawful service of the forms on the squatters.
We will attend a court hearing for the purposes of fighting your corner.
For more information or if you find yourself involved with squatters, contact Pranav Bhanot at WYN Legal (pbhanot@wyn.legal)
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