EVICTING TRESPASSERS

The eviction of squatters, also referred to as trespassers, is governed by the procedure outlined in Part 55 of the Civil Procedure Rules 1998. This method is the most commonly used legal framework for recovering possession of property from individuals who occupy it without the owner’s consent. Designed to be quick and straightforward, it is an effective process for landlords seeking to remove trespassers from their property.

WHO CAN BE EVICTED UNDER PART 55?

A possession claim against trespassers can only be brought against individuals who have entered and remained on the property without the permission of the owner or landlord. This procedure does not apply to tenants or subtenants whose tenancies have been lawfully terminated. If a tenant or occupier initially entered the property with the landlord’s consent, they cannot be classified as trespassers and must be evicted through other legal channels.

In many cases, the identities of the trespassers are unknown. In such situations, the proceedings are initiated against ‘persons unknown,’ allowing the claim to proceed without specific names.

THE PROCEDURE FOR EVICTING TRESPASSERS

One significant advantage for landlords is the ability to exclude certain commercial leases from the security of tenure provisions of the Landlord and Tenant Act 1954. By excluding the lease, tenants lose the automatic right to remain in possession of the property aer the lease expires. This exclusion must be agreed upon at the outset of the tenancy and properly documented.

1. Filing the Claim: The claim for possession must clearly state that the individuals occupying the property are trespassers who entered without consent.
2. Hearing Date: A hearing is typically scheduled promptly, given the urgency of trespasser cases.
3. Possession Order: If the court is sastisfied, it will grant a possession order requiring the trespassers to vacate the property.

ENFORCEMENT OF POSSESSION ORDERS

Once a possession order has been granted, the next step is enforcement. If the trespassers fail to comply with the order, the landlord must obtain a warrant or writ for possession to enforce the order. Key points about enforcement include:

• Without Security of Tenure: If the lease is excluded from the Landlord and Tenant Act 1954, the tenant has no right to remain in occupation after the lease expires. The landlord can take steps to recover possession without requiring a court order.
• With Security of Tenure: If the lease grants security of tenure, the tenant has the right to remain in possession for business purposes even aer the lease expires. In this case, the landlord must follow the proper legal procedure to terminate the tenancy. This typically involves serving a Section 25 notice or obtaining a court order.

KEY CONSIDERATIONS FOR LANDLORDS

• Documentation: Ensure all agreements and notices are properly documented and comply with legal requirements.
• Timely Action: Act promptly when dealing with breaches or lease expirations to avoid complications.
• Professional Advice: Seek expert legal guidance to ensure your actions are lawful and effective.

CONTACT LANDLORD ADVICE UK FOR SUPPORT

If you’re a landlord dealing with forfeiture or terminating a commercial lease, Landlord Advice UK is here to help. We provide free expert legal advice and can assist with gathering the necessary documents and evidence to refer your case to our approved solicitors. Contact us today to ensure a smooth and seamless process for resolving your commercial property issues. You can also read more about terminating a commercial lease here.