29 January 2009

What are your options if squatters move into your property?

One of today’s big news headlines is about the court order forcing squatters, who took over a £22.5m house in Mayfair, to move out.

At least six people have occupied the property since last autumn, hosting free art workshops during their time there.

Unfortunately, squatting is not illegal in England as long as the entry has not been forced and no criminal damage is caused!

So which kinds of properties are most at risk? Obviously, buildings that have been empty for a while make an attractive proposition. Unlocked doors, gaps in the roof and open windows will all make it easier for squatters to get inside. Some will also take-up residence by gaining permission to enter the property for a purpose such as maintenance work.

Make your property less of a target for squatters by shutting and securing all means of access. Ensure that someone visits regularly, as prospective squatters monitor their target buildings in advance.

And if a squatter stakes a claim on your property, what can you do about it? Unfortunately, thanks to an ancient right, it is not possible to simply eject the uninvited resident. The correct legal procedures must be followed. You will need to obtain a Possession Order, which will be issued by your local county court. If the squatters then refuse to leave, you are within your rights to call in the bailiffs.

A note of warning: don’t leave it too long before engaging the legal process. In a relatively recent case, squatters were permitted to keep a £1 million property in London, although it belonged to a London borough council, as the group had been living there for over 31 years!

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