Trespass

Evicting trespassers, commonly referred to as squatters, is a legal process governed by Part 55 of the Civil Procedure Rules 1998. This streamlined procedure is specifically designed to help property owners regain possession of their property from unauthorized occupiers efficiently. In certain cases, landlords can also apply for an injunction alongside a possession order to prevent trespassers from re-entering the premises after eviction.

This comprehensive guide covers the eviction process, enforcement, and key considerations, along with case law to support landlords in handling trespasser situations effectively.

Who Can Be Evicted Under Part 55?

A possession claim under Part 55 can be brought against individuals who:

  • Entered the property without the owner’s or landlord’s consent.
  • Remain on the property unlawfully without a valid tenancy or license.

This process does not apply to:

  • Tenants or subtenants whose tenancy agreements have been lawfully terminated.
  • Occupants who initially entered the property with permission.

In cases where the identities of the trespassers are unknown, the claim can proceed against ‘persons unknown’, a legal provision that allows landlords to reclaim their property even without naming specific individuals.

The Legal Process for Evicting Trespassers

The eviction process for trespassers is designed to be swift, recognizing the urgency of such situations. Here’s a step-by-step breakdown:

1. Filing a Claim for Possession

Submit the claim for possession in either the County Court or the High Court.

Clearly state that the occupiers are trespassers who entered the property without consent.

Provide evidence of ownership or entitlement to possession of the property.

2. Serving the Claim 

When serving a possession claim on trespassers, the following must be adhered to:

Transparent Envelope: The claim form, notice of hearing, and any supporting documents must be placed in a transparent envelope to ensure the contents are visible and protected from weather damage.

Posting at the Property: These documents must be prominently displayed at the property:

  1. Attach them to the main entrance of the premises or another obvious point where they are likely to be noticed.
  2. If the property does not have a suitable structure for posting (e.g., vacant land), the documents must be attached to a stake in the ground at a visible location near the site

Timing of Service: The documents must be served at least 2 clear days before the hearing, unless the court allows shorter notice for urgent cases.

These rules are essential to ensure that the trespassers are notified of the legal proceedings. Failure to follow these requirements could result in delays or dismissal of the claim by the court.

3. Obtaining a Hearing Date

  • The court will schedule a hearing promptly due to the urgent nature of trespasser cases.
  • The landlord does not need to give prior notice to the trespassers before filing the claim.

4. Possession Order

At the hearing, if the court is satisfied with the evidence, it will issue a possession order.

The possession order requires trespassers to vacate the property immediately or within a specified timeframe.

5. Injunction to Prevent Re-Entry

Alongside the possession order, landlords can apply for an injunction to prevent trespassers from re-entering the property.

Case law: In University of Cambridge v Persons Unknown [2020] EWHC 3522 (QB), the court granted an injunction alongside a possession order to protect the property from reoccupation.

6. Enforcing Possession Orders

If trespassers fail to comply with the possession order, enforcement becomes necessary.

Warrant for Possession (County Court)

A warrant for possession allows County Court Bailiffs to enforce the order.

However, delays are common due to the high workload of County Court Bailiffs.

Writ for Possession (High Court)

For faster enforcement, landlords can transfer the possession order to the High Court and obtain a writ of possession.

High Court Enforcement Officers (HCEOs), also known as Sheriffs, can carry out the eviction swiftly.

Key Considerations for Enforcement

Automatic High Court Enforcement: Possession orders against trespassers can be escalated to the High Court without additional permission, ensuring quicker evictions.

Role of Enforcement Officers: Only authorized enforcement officers (bailiffs or HCEOs) can carry out evictions. Landlords must not attempt to remove trespassers themselves.

Legal Safeguards and Considerations for Landlords

Correct Classification of Occupiers

Ensure the occupiers are classified as trespassers. Misclassifying tenants or licensees as trespassers can lead to legal challenges and delays.

Injunction to Prevent Re-Entry

Along with a possession order, an injunction can provide additional security by prohibiting trespassers from returning to the property after eviction.

Case law: In Secretary of State for Transport v Persons Unknown [2018] EWHC 2686 (Ch), the court issued an injunction alongside possession orders to safeguard public land from repeated occupation.

Act Promptly

Trespasser cases are treated as urgent by the courts. Delays in filing a claim could prolong the occupation and increase potential damage to the property.

Legal Advice

Seek expert legal assistance to ensure compliance with Part 55 and other applicable regulations, minimizing the risk of procedural errors.

Case Law Supporting Trespasser Evictions

  1. University of Cambridge v Persons Unknown [2020] EWHC 3522 (QB)
    The court granted a possession order and an injunction to prevent trespassers from re-entering the property, highlighting the importance of safeguarding premises after eviction.

  2. Secretary of State for Transport v Persons Unknown [2018] EWHC 2686 (Ch)
    This case demonstrated the effective use of injunctions to deter repeated trespasser activity on public land.

  3. Moss Empires Ltd v Olympia (Manchester) Ltd [1965] 1 QB 493
    Clarified the rights of property owners to recover possession from unauthorized occupiers.

  4. Manchester Airport v Dutton [2000] 1 QB 133
    Established that possession claims can be brought against trespassers before they cause significant interference with the owner’s use of the property.

Key Takeaways for Landlords

  • Understand Part 55 Rules: Ensure all procedural requirements are met when filing a possession claim.
  • Consider Injunctions: Use injunctions alongside possession orders to protect the property from reoccupation.
  • Act Quickly: Trespasser cases are time-sensitive, so file your claim as soon as possible.
  • Seek Legal Guidance: Seek expert advice from our legal team to ensure compliance with the law and avoids delays.
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