Squatters can be found worldwide – and the UK is no different.
If you stay in a residential building, or a patch of land, without being entitled to do so – this is known as ‘squatting’.
But what exactly are the rights of a squatter? What kind of properties do they target? And what rights do property owners have when evicting them?
Keep reading to find out.
What is a squatter?
A squatter is someone who stays in a property, or on a stretch of land, but does not have the right to be there.
They are particularly likely to target abandoned buildings or empty homes.
Squatting is illegal in the UK and the government punishes those who are caught and proven to have done it – often by prison time or a fine.
The owner, the police, the council, or a repossession order can all order squatters to leave.
If they fail to do so, that is when the police are likely to intervene and the squatters can be sentenced.
How common are squatters?
Recent reports indicate that a leading UK squatters’ welfare group has seen a rise in squatting for the first time in a generation.
Indeed, the latest figures suggest that there are 1.5 million properties vacant across the UK, with 271,000 people recorded as being ‘homeless’. It is no surprise, therefore, that squatting is on the rise.
Across the world, the UN estimates that 800 to 900 million people are technically squatters – over 10% of the world’s population.
Is squatting different to trespassing?
Yes, squatting and trespassing are two different things.
Trespassing typically relates to ‘passing through’ a property or area of land that you are not entitled to be on.
Meanwhile, squatting means that you are residing there.
What are squatters rights?
In the UK, a squatter can become the legal owner of a property (without the owner’s permission) under specific circumstances.
To meet these criteria, the squatter needs to be able to prove the following:
- You have occupied the property for at least 10 years (or 12 years, if the house is not registered)
- You acted as the owner(s) of the house for that entire time
- You did not have the owner’s permission
These laws can be valuable to squatters when the original owner cannot be accounted for.
However, when the application to take ownership of the property is made, the house’s original owner will be notified. They must then take action to keep the house in their name.
How do I stop squatters taking ownership of my property?
If you are notified that squatters have applied to take ownership of your property, you should find a solicitor who can represent you in the case.
You have 65 days to object to an application, and the letter you receive from the Government will guide you on how to do this.
If you have a valid objection to the house being transferred to the squatters, then this will be heard and (if successful) the application rejected.
Your solicitor should be able to provide more guidance on what qualifies as a ‘reasonable’ objection that is likely to succeed.
You cannot object again if you’ve done nothing within 2 years of the original application and the same squatters reapply.
Can you be arrested for squatting?
Yes. Squatting in residential properties is against the law, and you can be arrested for doing so.
What makes a property vulnerable to squatters?
There are many common instances when squatters may take advantage of a property.
For instance, ‘holiday lets’ vacant for long periods are a prime target.
Probate properties are vulnerable to squatting. This is especially the case if there are not any security systems protecting the house.
Rental houses being renovated are common targets. The same applies to repossessed properties that are awaiting a sale.
As you can see, any property that has been left unattended or vacant for a long period is vulnerable to squatting.
Squatters may identify that the house is vulnerable, and thus hope that they can stay there for a long time without noticing.
After a certain period, ‘Squatters Rights’ may come into effect.
What to do if I have squatters in my property?
If you discover that there are squatters on your property, there are two main ways that you can handle it. You can get an Interim Possession Order (IPO) or make a claim for possession.
Whichever option is best suited, hire a solicitor to support you throughout this process.
You can only apply for an IPO if it’s been 28 days or less since you found out your property’s been squatted. This will involve filling out an application and sending it to your local county court.
If it has been more than 28 days since you found out about the squatters, a claim for repossession is the option for you.
This requires you to fill out an application and submit it to your local county court. According to the UK government website, this costs £391 to submit.
How to remove squatters in Wales
In Wales, you have the same two options: applying for an Interim Possession Order, or making a claim for possession.
When you submit the forms, you will also need to include one of a few things. This includes the help with fees reference number, or a contact number if you want to pay over the phone.
The form in question can be found on the UK government website, and comes with a fee of £391. You can also submit this document by post.
How to get rid of squatters in Scotland
If your house is in Scotland, you can make a claim for possession by submitting a form to your local sheriff court.
The form in question can be found on the UK government website, and comes with a fee of £391. You can also submit this form by post.
If you are applying for an Interim Possession Order, then the process is usually the same as in all other countries.
How to get rid of squatters in Northern Ireland
There is a slightly different process to getting rid of Squatters in Northern Ireland.
You will usually need to contact the Enforcement of Judgements Office. They will handle the situation.
What causes people to squat?
Many experts argue that squatters face mental health and addiction problems.
There have been some instances of squatters taking great care of the property they’re in, and fixing it up.
But in many other situations, the house will not in good condition. This is because the squatter expects to be kicked out soon.
There are dozens of reasons why someone might choose to squat in any given property – but homelessness tends to be the main explanation.
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